PIYUSH KUMAR @ RISHAB S/O PREMCHAND v. STATE OF RAJASTHAN
CRLMB/9514/2025 · 2025-09-04
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42223 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42223 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9514/2025 Piyush Kumar @ Rishab S/o Premchand, Aged About 42 Years, R/o Nearby Ranchor Temple Gindore, Police Station Jhalrapatan, District Jhalawar (Raj.) (Accused Presently Confined In District Jail At Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Shubham Kumar Sain, AAAG Mr. Amit Dadhich, Mr. Vishal Kumar for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/09/2025
1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Piyush Kumar @ Rishab S/o Premchand in FIR No.211/2025 dated 19.06.2025 registered at P.S. Jhalra Patan, District - Jhalawar whereby the petitioner-accused has been charged under Sections 318(4), 316(2) and Section 3(5) of BNS, 2023.
2. The petitioner was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned
[2025:RJ-JP:35684] (2 of 4) [CRLMB-9514/2025] counsel for the petitioner submits that the complainant has registered a complaint on the ground that petitioner and his wife have offered to marry their close sister Pooja with complainant and later he met Pooja and decided to marry with each other. He further submits that the complainant has alleged that on demand paid ₹3,00,000/- in cash and remaining ₹1,50,000/- by electronic transfer. He further submits that on inquiry it has come to his notice of complainant that Pooja has earlier executed an affidavit for live in relation with Agarwal family, thus on false promise of marriage, the petitioner accused has grabbed ₹4,50,000/- from complainant. He submits that the allegations in complaint are false and report is registered after delay of one month. He submits that the report itself is registered to recover ₹4,50,000/- from accused. He also submits that the offence is triable by Magistrate and the petitioner accused is in custody. He further assures that in case, the petitioner- accused is required for further investigation, the petitioner- accused will be available for such investigation. He also submitted that the trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody.
4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant.
5.
Learned counsel for the complainant has submitted that the petitioner accused and his wife are indulge in similar kind of criminal activities and used to cheat other persons in similar fashion. [2025:RJ-JP:35684] (3 of 4) [CRLMB-9514/2025]
6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On basis of a compliant lodged by complainant Vikas Goyal on 19.06.2025 about payment of ₹ 4,50,000/- on a promise to marry with Pooja (alleged relative of petitioner accused) and cheating and non return of money on demand a criminal case is registered. After registration, police has arrested present petitioner accused who is in custody. Police has found that offence under Sections 318(4), 316(2) and 3(5) of BNS is made out, triable by Magistrate. There is no criminal antecedents against the petitioner accused. Learned counsel for the complainant has referred a complaint dated 09.07.2025 submitted to the Superintendent of Police, Jhalawar for criminal intimidation by the petitioner accused and his well wishers. 8. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 9. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Piyush Kumar @ Rishab S/o Premchand is ordered to be released on bail upon furnishing a personal bond of
[2025:RJ-JP:35684] (4 of 4) [CRLMB-9514/2025] ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioner-accused shall be liable to be cancelled. 10.
The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/107