[2025:RJ-JP:21932] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2633/2025 Shambhudayal S/o Prabhulal, Aged About 29 Years, R/o Selu, Police Station Kundera District Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Teeka Ram Meena, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 26/05/2025 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 13.02.2025 passed by learned Sessions Judge, Sawai Madhopur in Bail Application No.125/2025 arising out of FIR No.33/2025, registered at Police Station Kundera, District Sawai Madhopur for the offences punishable under Sections 61(2)(a), 316(2), 318(4), 319(2), 336(3), 338, 340(2) of B.N.S., 2023, Sections 66-C and 66-D of Information Technology (Amendment) Act, 2008 and Section 13 of Rajasthan Public Gambling Ordinance, 1949 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:21932] (2 of 3) [CRLMB-2633/2025] Learned counsel for the accused-applicant also submits that the charges levelled against the accused-applicant are triable by Magistrate. Learned counsel further submits that the accused- applicant was arrested on 05.02.2025 and since then, he is behind the bars. 3. Learned counsel for the accused-applicant contends that the charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 4. Learned Deputy Government Advocate along with learned Additional Government Advocate vehemently oppose this bail application and submit that the matter pertains to commission of cyber fraud by the accused-applicant and the accused-applicant received an amount of almost Rs.1,20,000/- from eight innocent persons, therefore, the accused-applicant should not be enlarged on bail. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Considering the overall facts and circumstances of the case, period of custody of the accused-applicant; the charges levelled against the accused-applicant are triable by 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 applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant [2025:RJ-JP:21932] (3 of 3) [CRLMB-2633/2025] Shambhudayal S/o Prabhulal, arrested in connection with FIR No.33/2025, registered at Police Station Kundera, District Sawai Madhopur shall be 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/- 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. 8. 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. 9. Copy of this order also be sent to concerned SHO for compliance. (ASHUTOSH KUMAR),J AARZOO ARORA /55