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2025 DAILYLAW 44064 (RAJ)

YASHWANT SINGH S/O SHRICHANDRA SINGH GAUR v. STATE OF RAJASTHAN

CRLMB/12728/2025 · 2025-10-16

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:42479] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12728/2025 Yashwant Singh Son of Shrichandra Singh Gaur, R/o Near Government School, Sirswali Road, Anta, District Baran, At Present Tenant House No. 77/146, Sector-7, Near Sapteshwar Mahadev Temple, Shipra Path, Mansarovar, Jaipur. (Accused Petitioner Presently Confined In Central Jail Jaipur) ----Accused-Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Sunil Choudhary for Mr. Shashi Shekhar Gaur For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 16/10/2025 The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity “the BNSS”). The petitioner has been arrested in connection with FIR No.0590/2025 registered at Police Station Shipra Path, District Jaipur City (South) for the offence(s) under Section(s) 316(2), 318(2) & 112(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “the BNS”) & under Section(s) 66C & 66D of the Information Technology (Amendment) Act, 2008 (hereinafter referred to as “the Act of 2008”) and later on for the offences under Section(s) 318(4), 316(2) & 112(2) of the BNS and under Section(s) 66C & 66D of the Act of 2008. It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. He submitted that except the offence under Section 112(2) of the BNS, all other offences are triable by Magistrate and there is no evidence that it was an organized crime. Learned counsel submitted that the petitioner is [2025:RJ-JP:42479] (2 of 2) [CRLMB-12728/2025] in custody since 17.09.2025, investigation as against him is complete and he has no criminal antecedents. He, therefore, prayed for release of the petitioner on bail. Although, learned Public Prosecutor opposed the prayer but, could not satisfy this Court from the case diary that there is any evidence to constitute the offence under Section 112(2) of the BNS at least prima-facie. Heard. Considered. Taking into consideration the contentions advanced by learned counsels for the respective parties, the material available in the case diary, the nature of accusation against the petitioner, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioner Yashwant Singh Son of Shrichandra Singh Gaur shall be released on bail under Section 483 BNSS in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ₹1,00,000/- (Rupees One Lac only) together with two sureties in the sum of ₹50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) BNSS. (MAHENDAR KUMAR GOYAL),J Manish/203