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2025 DAILYLAW 6410 (RAJ)

SIKANDER @ TONU S/O RAMKHILADI v. STATE OF RAJASTHAN

CRLMB/2012/2025 · 2025-06-30

Ashutosh Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:23874] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2012/2025 Sikander @ Tonu S/o Ramkhiladi, Aged About 19 Years, R/o Bahnoli, Police Station Bonli, District Sawai Madhopur. (At Present Confined At District Jail Sawai Madhopur). ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rohit Khandelwal, Adv. for Mr. Umesh Dixit, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/06/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 03.02.2025 passed by learned Sessions Judge, Sawai Madhopur (Rajasthan) in Bail Application No.105/2025 arising out of FIR No.12/2025, registered at Police Station Bonli, District Sawai Madhopur for the offences punishable under Sections 319(2), 318(4) of B.N.S., 2023, Section 13 of Rajasthan Public Gambling Ordinance, 1949 and Sections 66-C & 66-D of Information Technology (Amendment) Act, 2008 by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:23874] (2 of 3) [CRLMB-2012/2025] Learned counsel for the accused-applicant also submits that the accused-applicant is aged about 19 years and he was arrested on 31.01.2025 and since then, he is behind the bars. Learned counsel further submits that the charges levelled against the accused- applicant are triable by Judicial Magistrate. Learned counsel prays that charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Deputy Government Advocate vehemently opposes this bail application and submits that the police has ceased the bank pass-book of accused-applicant and other family members of the accused-applicant, in which transactions have been shown proving that the accused-applicant is involved in online fraud, therefore, the accused-applicant is not entitled to be enlarged on bail. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and looking to the age of the accused-applicant and the facts that the accused-applicant is behind the bars for the last more than five months; that the charges levelled against the accused-applicant are triable by Judicial Magistrate and also that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Sikander @ Tonu S/o Ramkhiladi, arrested in FIR No. 12/2025, registered at Police Station Bonli, District Sawai Madhopur shall be [2025:RJ-JP:23874] (3 of 3) [CRLMB-2012/2025] released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 7. The accused-applicant is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. SHO of the concerned Police Station shall send the presence report of the accused-applicant to learned trial Court every month. In case of any breach to the above condition, learned Deputy Government Advocate shall be free to move the application against the accused-applicant for cancellation of bail before concerned Magistrate. 8. Copy of this order also be sent to concerned SHO for compliance. (ASHUTOSH KUMAR),J Mohita /36