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2025 DAILYLAW 43871 (RAJ)

GULKESH S/O INDERRAJ v. THE STATE OF RAJASTHAN

CRLMB/14626/2025 · 2025-12-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:50922] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14626/2025 Gulkesh S/o Inderraj, Aged About 25 Years, R/o Muie, Police Station Rawanjana Dungar, District Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14737/2025 Mansingh S/o Shri Gangaram, Aged About 27 Years, R/o Mui, Police Station Rawanjana Dungar, District Sawai Madhopur. (At Present Confined At Central Jail Sawai Madhopur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tarun Jain with Mr. Durgesh Kumar Jangid Mr. Munesh Kumar Meena with Mr. Mahendra Shandilya For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/12/2025 1. These criminal miscellaneous bail applications have been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.171/2025 registered at Police Station Rawanjana Dungar, District Sawai Madhopur for the offences punishable under Sections 318(4), 336(3) and 338 of the B.N.S., 2023 and Sections [2025:RJ-JP:50922] (2 of 3) [CRLMB-14626/2025] 66C & 66D of the Information Technology (Amendment) Act, 2008 and Section 13 of the Rajasthan Public Gambling Ordinance, 1949. 2. It is submitted by the learned counsel for the petitioners that only on account of there being an app relating to cricket game in their mobile, the petitioners have been arrested without there being any specific allegation of committing any cyber fraud. It is further submitted that there are no criminal antecedents of the petitioners and the offences alleged against him are triable by the Magistrate; petitioners are behind the Bars since 27.10.2025; the trial of the case will take considerable time, consequently, he prays for granting him bail. 3. Learned Public Prosecutor has vehemently opposed these bail applications. 4. Considered the submissions made at Bar. 5. Having heard learned counsels for the petitioners as well as the learned Public Prosecutor and after considering the order passed by the Sessions Judge, Swaimadhopur in which it has been mentioned that there are no criminal antecedents against the petitioners and even on directions given by this Court on 24.11.2025, no intimation with regard to any registration/ pending complaint against the petitioners on National Cyber Crime Helpline Number 1930 has been indicated by the Investigating Officer in factual report dated 30.11.2025. In the light of the fact that the offences alleged against the petitioners are triable by the Magistrate as well as the period of his custody; and looking to the fact that the trial will take considerably long time, this Court without expressing any opinion on the merits and demerits of the [2025:RJ-JP:50922] (3 of 3) [CRLMB-14626/2025] case, deems it just and proper to enlarge the petitioners on bail. 6. Accordingly, the Bail Applications are hereby allowed. The accused-petitioners Gulkesh S/o Inderraj and Mansingh S/o Shri Gangaram, shall be released on bail in pursuance of FIR No.171/2025 registered at Police Station Rawanjana Dungar, District Sawai Madhopur 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. 7. A copy of this Order be placed on record on each connected bail applications. (ANAND SHARMA),J SOURAV /113-114