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2025 DAILYLAW 48880 (RAJ)

NITIN GUPTA S/O SHRI MAHESH KUMAR GUPTA v. STATE OF RAJASTHAN

CRLMB/13360/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.13360/2025 Nitin Gupta S/o Shri Mahesh Kumar Gupta, aged about 31 Years, R/o Village Nayala Tehsil Jamwaramgadh District Jaipur Rajasthan. (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioner in respect of F.I.R. No.762/2025 registered at Police Station-Kanota, District-Jaipur City (East) for the offences punishable under Sections 318(2), 318(4), 316(2), 61(2) & 112(2) of B.N.S. and Section 66-D of the Information Technology Act, 2000. 2. Learned counsel for the petitioner submits that the only allegation in the FIR against the petitioner is that on account of facilitating other co-accused with the bank account of the petitioner, he has been receiving commission, whereas there are no specific allegation of active involvement of the petitioner in alleged fraud and cheating, in respect of which petitioner has been arrested. Offences alleged against the petitioner are triable by [2025:RJ-JP:42709] (2 of 3) [CRLMB-13360/2025] Magistrate. Petitioner is behind the bars since 03.10.2025 and there are no criminal antecedents against the petitioner. Hence, a prayer has been made for grant a bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Considered the submissions made at Bar. 5. In the light of allegations leveled in the FIR, which are otherwise triable by Magistrate and the fact that there are no criminal antecedents against the petitioner, without making any comment over the merits of the case, I am inclined to grant bail to the petitioner. 6. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Nitin Gupta S/o Shri Mahesh Kumar Gupta shall be released on bail in pursuance of F.I.R. No.762/2025 registered at Police Station-Kanota, District-Jaipur City (East) 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. (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. [2025:RJ-JP:42709] (3 of 3) [CRLMB-13360/2025] (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. 7. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J DAKSH/589