SUNIL KUMAR SONKAR S/O SHRI HEERALAL SONKAR v. STATE OF RAJASTHAN
CRLMB/3428/2025 · 2025-03-11
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9262 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9262 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10978] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 3428/2025 Sunil Kumar Sonkar S/o Shri Heeralal Sonkar, Aged About 26 Years, R/o Village Kechuha Post Koniyakala, Police Station Sohagi, Tehsil Jawa District Reewa Madhya Pradesh. (At Present Confined In Centre Jail Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor Mr. Ankit Totuka & Ms. Mukta Maan for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 11/03/2025
1. This third bail application has been filed under Section 483 of the BNSS on behalf of accused-petitioner in connection with FIR No.10/2022 registered at Police Station Cyber Crime, Commissionerate Jaipur for the offences under Section 420 IPC and Sections 43 & 66 of the Information Technology (Amended) Act, 2018.
2. Heard.
3. Considered the submissions made at bar and also perused the material available on record.
4. The Police after completion of investigation has submitted charge-sheet against the petitioner for offences punishable under
[2025:RJ-JP:10978] (2 of 3) [CRLMB-3428/2025] Section 420 IPC and Sections 43 & 67 of the Information Technology Act.
5.
Learned counsel for the petitioner submitted that maximum punishment provided for the alleged offences is 7 years imprisonment and the accused-petitioner is in custody since 08.09.2024 i.e. more than 6 months he has already remained in custody.
6. The Hon'ble Apex Court in case of Manish Kumar Vs. State of Rajasthan : (Special Leave to Appeal (Crl.) No.10185/2024 decided on 11.11.2024 observed as under:-
"The petitioner is an accused in a case bearing FIR No.204/2024 registered with Police Station Nayi Mandi, Hindaun City, District Karauli, Rajasthan for the offences punishable under Section 420 & 406 (Section 120 added in the charge-sheet) of the Indian Penal Code. The bail application of the petitioner was dismissed by the High Court. He has already undergone about 5 months in jail. Heard learned counsel for the petitioner and the respondent-State. Considering the period of incarceration of the petitioner and the circumstances of the case, we are of the opinion that a case of bail is made out for the petitioner. Accordingly, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned Court."
7. Taking into consideration overall facts and circumstances of the case and so also the allegations against the petitioner which are triable by the Court of Magistrate and the accused-petitioner has already undergone custody more than a period of 6 months and in view of the observations of the Hon’ble Apex Court, this Court without expressing any opinion on the merits/demerits of
[2025:RJ-JP:10978] (3 of 3) [CRLMB-3428/2025] the case, deems just and proper to enlarge the accused-petitioner on bail.
8. Accordingly, this third bail application under Section 483 of the BNSS is allowed and it is ordered that the accused-petitioner named above in connection with the aforesaid FIR shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(GANESH RAM MEENA),J Ashish Kumar /10