[2026:RJ-JP:24506] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9811/2026 URN: CRLMB / 18143U / 2026 Dhanraj S/o Ram Narayan, Aged About 33 Years, R/o Sangod, Police Station Sangod, District Kota Rajasthan. (Presently Accused In District Jail, Tonk, Rajasthan). ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vikas Jain For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. Mr. Nemichand Goyal, C.I., SHO, Purani Tonk HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 02/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 08.06.2026 passed by the learned Sessions Judge, Tonk, in Criminal Misc. Case (CIS) No.409/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.0081/2026, Police Station Purani Tonk, District Tonk for the offences under Sections 318(4), 112(2) of the BNS, 2023, Section 66D of Information Technology (Amendment) Act, 2008 & Section 3/4 of the Rajasthan Public Gambling Ordinance Act, 1949 (hereinafter referred to as the “Act of 1949”). 2. Learned counsel for the petitioner submits that the petitioner is in custody since 31.05.2026. He further submits that the offence under Section 318(4) of the BNS,2023 is not made out, as there is no victim who has lodged any complaint alleging cheating. [2026:RJ-JP:24506] (2 of 3) [CRLMB-9811/2026] He further submits that, at the most, the allegations against the petitioner would attract the provisions of Section 3/4 of the Act of 1949 in which the maximum punishment is six months. 3. Learned counsel for the petitioner submits that the offences are triable by Magistrate. Moreover, the conclusion of trial will take sufficiently long time. Therefore, he prays that the petitioner be enlarged on bail. 5. Learned Additional Government Advocate vehemently opposes the bail application and submits that the petitioner is involved in as many as 24 cases registered under RPGO. 6. Heard learned counsel for the petitioner and learned Additional Government Advocate and perused the material available on record. 7. On being asked by the Court as to how the offence under Section 318(4) of the BNS, 2023 is made out, the Investigating Officer submits that, till date, no victim/person has come forward alleging that he or she was cheated by the petitioner. However, he submits that the investigation is still pending. 8. Without expressing any opinion on the merits of the case and upon a consideration of the fact that the offences are triable by Magistrate; that till date there is no victim with whom cheating has been committed and further the fact that maximum punishment under Section 3/4 of the Act of 1949 is of six months, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted subject to imposition of stringent conditions. 9. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely- Dhanraj S/o Ram Narayan [2026:RJ-JP:24506] (3 of 3) [CRLMB-9811/2026] arrested in connection with F.I.R. No.0081/2026, Police Station Purani Tonk, District Tonk, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (iv) In the event the petitioner is found involved in any other case of similar nature in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein. (v) The accused-petitioner shall mark his presence before the concerned police station once in a month as fixed by the Investigating Officer and a register shall be maintained for the same by Investigating Officer. (vi) In case of any change of residential address, the accused-petitioner shall immediately inform the Investigating Officer as well as the trial Court. (BIPIN GUPTA),J Sudha/134