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2025 DAILYLAW 41511 (RAJ)

GAURAV SACHDEVA S/O SHRI JOGENDRA SINGH v. STATE OF RAJASTHAN

CRLMB/13708/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13674/2025 Ankit Bansal S/o Vinod Kumar, Aged About 32 Years, R/o Dilli Darwaja Bahar, Meena Padi, Police Station Kotwali Alwar, Presently Resident Of Gate No. 10, Second Tower, Second Floor, Apna Ghar Shalimar, Police Station Sadar, District Alwar. (At Present Accused Petitioner Confined In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13708/2025 Gaurav Sachdeva S/o Shri Jogendra Singh, R/o D-482, Surya Nagar Police Station Vaishali Nagar, District Alwar Rajasthan. (Presently Accused Confined In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent With S.B. Criminal Miscellaneous Bail Application No. 13922/2025 Satish Kumar Bairwa S/o Shri Rampal Bairwa, Aged About 45 Years, R/o Jawahar Nagar, 200 Foot Road, Police Station Neb, District Alwar (Raj.). (At Present Accused Petitioner Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA [2025:RJ-JP:42688] (2 of 4) [CRLMB-13674/2025] Order 17/10/2025 1. These bail applications under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed by the accused- petitioners in respect of F.I.R. No. 259/2025 registered at Police Station Vaishali Nagar, District Alwar for the offences punishable under Sections 318(2), 318(4), 338, 61(2), 112(2) of BNS and Sections 66, 66C & 66D Information Technology (Amendment) Act, 2008. 2. It is stated that bare perusal of the FIR would reveal that petitioners' account is used by other persons for the purpose of fraud and cheating and the petitioners are simply benefited in the form of commission. Learned counsel submits that there is no allegation of acting involvement of the petitioners in the alleged offence and only on account of opening a mule account, the petitioners have been implicated in the instant matter. It is further stated that there are no criminal antecedents against the petitioners and although two cases have been shown against the petitioner Gourav Sachdeva, yet the allegations in those cases are not similar to the instant case. 3. It is submitted that the alleged offences are triable by Magistrate and the petitioners are behind the bars since 19.09.2025. Trial is likely take considerably long time. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In the light of the fact that there is no allegation of acting involvement of the petitioners in commission of the [2025:RJ-JP:42688] (3 of 4) [CRLMB-13674/2025] offences and they are simply beneficiaries in the form of commission in consideration of providing their account numbers to the co-accused as well as the fact that the alleged offences are triable by Magistrate, without making any comment over the merits of the case, I am inclined to grant bail to the petitioners. 7. Accordingly, the Bail Applications are hereby allowed. The accused-petitioner Ankit Bansal S/o Vinod Kumar, Gaurav Sachdeva S/o Shri Jogendra Singh & Satish Kumar Bairwa S/o Shri Rampal Bairwa shall be released on bail in pursuance of F.I.R. No. 259/2025 registered at Police Station Vaishali Nagar, District Alwar on each of them furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. (iv) They shall regularly mark their attendance in the concerned Police Station on 25th day of every month. Concerned S.H.O. shall maintain the register of attendance of the accused- petitioners. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. [2025:RJ-JP:42688] (4 of 4) [CRLMB-13674/2025] 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J NEERU/289-290-765