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2025 DAILYLAW 5710 (RAJ)

HEMANT THEORI S/O GOVINDRAM v. STATE OF RAJASTHAN

CRLMB/1787/2025 · 2025-02-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1074/2025 Virendar Chaudhary S/o Pappu Singh, Aged About 22 Years, R/o Ward 26 Sikar, Rajasthan. (Presently Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1423/2025 1. Rakesh Kumar S/o Veerval Singh, Aged About 30 Years, R/o Vinayakpuri, Ward No. 6, Sikar (Raj.) (At Present Accused Petitioner Confined In District Jail Dholpur). 2. Satish Kumar S/o Jhavarmal, Aged About 30 Years, R/o Sikar (Raj.) (At Present Accused Petitioner Confined In District Jail, Dholpur) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1787/2025 Hemant Theori S/o Govindram, Aged About 25 Years, R/o Maharaja Surajmal Nagar, Laxmi Niwas, Police Station Sikar, Udyog Nagar, District Sikar (Raj.). (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. G.S. Gauttam Mr. Ashvin Garg Mr. Nonit Hatila For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Vishal Gurjar Mr. Nakul Bansal & Mr. Ramu Dubey, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in [2025:RJ-JP:5201] (2 of 3) [CRLMB-1074/2025] connection with FIR No.08/2024 registered at Cyber Police Station (Dholpur), District Dholpur for offences punishable under Sections 420 & 406 of IPC and Section 66D of I.T. Act. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. Learned counsel contend that dispute has already been resolved by the parties amicably and Rs.12,00,000/- against due amount of Rs.16,00,000/- has already been paid to the complainant. Learned counsel contends that petitioners are in custody since their date of arrest. Trial will take time in its conclusion and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes submissions made by counsel for the petitioners. 4. Learned counsel appearing for the complainant opposes submissions made by counsel for the petitioners but fairly concedes that complainant has received Rs.12,00,000/-. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also considering the fact that alleged offences are triable by Magistrate; parties have amicably resolved their dispute; trial will take time in its conclusion, but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications. 7. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Virendar Chaudhary S/o [2025:RJ-JP:5201] (3 of 3) [CRLMB-1074/2025] Pappu Singh, (2) Rakesh Kumar S/o Veerval Singh, (3) Satish Kumar S/o Jhavarmal, (4) Hemant Theori S/o Govindram, shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (ANIL KUMAR UPMAN),J CHARU SONI /357-359