[2025:RJ-JP:42566] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13428/2025 Yogesh Sharma Son Of Shri Surendra Kumar Sharma, Aged About 28 Years, Resident Of Ward No. 3, Jakhar Colony, Police Station Kotwali, Neem Ka Thana, District Sikar, Rajasthan. (At Present Confined In District Jail, Sikar.) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Shailendra Singh Balwada For Respondent(s) : Mr. K.K. Bhinda Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Yogesh Sharma Son Of Shri Surendra Kumar Sharma, seeking bail in respect of a criminal case registered as FIR No.259/2025 dated 29.07.2025 registered at P.S. Neem Ka Thana, District - Sikar , for the offence under Sections 318(4), 316(2) of BNS and Section 67 of IT Act. The first bail application of petitioner was dismissed by this Court on 23.09.2025 and now second bail application has been filed after filing of charge-sheet. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more [2025:RJ-JP:42566] (2 of 4) [CRLMB-13428/2025] required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that petitioner is not habitual criminal rather he was working with complainant, who is influential person and the entire payment as alleged is made by banking transactions. He further submitted that trial will take time. 4. Learned Public Prosecutor and learned counsel for complainant have vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. Learned counsel for complainant has submitted that present petitioner has malafidelytransferred amount from accounts of complainant and police has found prima facie charge against him. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. The first bail application of present petitioner was dismissed on merits by this Court on 23.09.2025 and now charge-sheet has been filed against the petitioner. The allegation against petitioner is that instead of transferring money to real beneficiary, he siphoned money in his own bank account and bank account of any other person known to petitioner. The total misappropriation alleged by complainant is around 75 [2025:RJ-JP:42566] (3 of 4) [CRLMB-13428/2025] lacs. Learned counsel for complainant has referred the bank details of ICICI and SBI Bank. The police has already filed a charge-sheet and petitioner is in custody since 30.07.2025. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-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 applicant- accused. 8. Thus, the second bail application filed on behalf of applicant- accused Yogesh Sharma Son Of Shri Surendra Kumar Sharma,, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicant-accused shall be liable to be canceled. [2025:RJ-JP:42566] (4 of 4) [CRLMB-13428/2025] 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /8