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2025 DAILYLAW 47737 (RAJ)

ROHIT KUMAR LAKHERA S/O SHRI BABULAL v. THE STATE OF RAJASTHAN

CRLMB/13454/2025 · 2025-10-16

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42388] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13454/2025 Rohit Kumar Lakhera S/o Shri Babulal, Aged About 20 Years, R/o Indira Colony, Subhash Chowk, Police Station Malakheda, District Alwar (Raj.) (At Present Accused Petitioner Is Confined In Central Jail, Alwar) ----Petitioner Versus The State Of Rajasthan, Through P.P ----Respondent For Petitioner(s) : Mr. Tanmay Sharma Mr. Mahendra Shandilya For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 16/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioner in respect of FIR No.428/2025 registered at Police Station Malakheda, District Alwar for the offences punishable under Sections 317(2), 317(4), 318(2), 318(4), 61(2)(a) of B.N.S. & 66D of Information Technology (Amendment) Act, 2008. 2. It is submitted that Bank account of the petitioner in IDBI Bank bearing No. 2185104000009386 is linked with the mobile No. 7597537054, which belongs to one Piyus Sharma who used to operate the bank account of the petitioner. It is further submitted that even as per FIR as well as order of the learned Court below, the amount alleged to be transferred is still on hold and has not been paid by the bank to anybody. [2025:RJ-JP:42388] (2 of 3) [CRLMB-13454/2025] 3. Learned counsel for the petitioner further submits that there are no criminal antecedents whatsoever of the petitioner and he is behind the bars since 27.09.2025 and investigation qua him has been completed by the Investigating Officer. He submits that trial in the instant case is likely to take considerably long time. Hence, prayer has been made to grant the bail to the petitioner. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In the light of submissions that the alleged bank account is not linked with the mobile of petitioner and otherwise relates to mobile number of Piyus Sharma and the alleged amount has not yet been transferred and is on hold as well as the fact that there are no criminal antecedents of the petitioner and he is behind the bars since 27.09.2025, without making any comment over the merits of the case, I am inclined to grant bail to the petitioner. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Rohit Kumar Lakhera S/o Shri Babulal shall be released on bail in pursuance of FIR No.428/2025 registered at Police Station Malakheda, District Alwar on furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. [2025:RJ-JP:42388] (3 of 3) [CRLMB-13454/2025] (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (iv) He shall regularly mark his 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-petitioner. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J NEERU/314