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2026 DAILYLAW 11779 (RAJ)

HITESH KUMAR v. STATE OF RAJASTHAN

CRLMB/9822/2026 · 2026-08-07

Sunil Beniwal

body2026

Judgment text

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[2026:RJ-JP:37673] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9822/2026 CNR: RJHC010727812026 | URN: CRLMB / 21441U / 2026 1. Hitesh Kumar S/o Deveng, Aged About 21 Years, Resident Of Dad, Police Thana Aaspur, District Dungarpur Raj. (Presently Lodged At District Jail Salumber) 2. Tejpal S/o Lal, Aged About 28 Years, Resident Of Dad, Police Thana Aaspur, District Dungarpur Raj. (Presently Lodged At District Jail Salumber) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Urja Ram Kalbi, PP HON'BLE MR. JUSTICE SUNIL BENIWAL Order 07/08/2026 1. This application for bail has been filed by the petitioners under Section 483 of BNSS (old Section 439 of Cr.P.C.). The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 10/2026 2. Date of lodging FIR 01.07.2026 3. Concerned Police Station Cyber Police Station 4. District Salumbar 5. Offences alleged in the FIR Section 318(4) of the BNS and Section 66-D of the IT Act 6. Offences added, if any -- [2026:RJ-JP:37673] (2 of 3) [CRLMB-9822/2026] 2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case and false allegations have been levelled against them. The offences alleged against the petitioners are triable by Magistrate. No recovery is to be made from the present petitioners. The petitioners are in judicial custody since 01.07.2026 and the trial will take sufficiently long time, therefore, they deserve to be enlarged on bail. 3. Learned Public Prosecutor vehemently opposes this bail application. 4. Heard learned counsel for the petitioners and learned Public Prosecutor and perused the material available on record. 5. Having considered the rival submissions, facts and circumstances of this case and after perusing the case diary so also considering the fact that the offences alleged against the petitioners are triable by Magistrate; no recovery is to be made from the present petitioners; and that the prosecution has not expressed any apprehension qua the petitioners fleeing away from justice, in case they are enlarged on bail, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioners behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted. 6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioners- Hitesh Kumar [2026:RJ-JP:37673] (3 of 3) [CRLMB-9822/2026] S/o Deveng and Tejpal S/o Lal, shall be released on bail in connection with the aforesaid FIR; provided they execute personal bond in the sum of Rs.50,000/- each with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same. (SUNIL BENIWAL),J Ashutosh-C-1