✦ High Court of India · 25 Mar 2025

State Of Rajasthan, Through PP v. Connected

Case Details High Court of India · 25 Mar 2025
Court
High Court of India
Decided
25 Mar 2025
Bench
Not available
Length
1,268 words

2. Sumarth S/o Shri Dharam Singh, Aged About 18 Years, R/o Didwada, Police Station Malarna Dungar, District Sawai Madhopur. (Presently Accused Confined In Central Jail Jaipur).

3. Ankit Meena S/o Shri Ramkishore, Aged About 21 Years, R/o Puneta, Police Station Bonli, District Sawai Madhopur. (Presently Accused Confined In Central Jail Jaipur). State Of Rajasthan, Through PP Versus ----Petitioners ----Respondent S.B. Criminal Miscellaneous Bail Application No. 206/2025 Devendra Singh S/o Late Shri Bhalsingh, Aged About 38 Years, R/o Ward No. 20, Vyapariyo Ka Mohalla, Tehsil Bhadas, District Hanumangarh (Raj.) (At Present In Central Jail Jaipur). State Of Rajasthan, Through PP Versus ----Petitioner ----Respondent S.B. Criminal Miscellaneous Bail Application No. 207/2025 Vinesh Kumar S/o Shri Hawa Singh, Aged About 38 Years, R/o [2025:RJ-JP:13562] (2 of 6) [CRLMB-76/2025] Village Harpalu Kuchdi, Tehsil Rajgarh, District Churu (Raj.) (At Present In Central Jail Jaipur). State Of Rajasthan, Through PP Versus ----Petitioner ----Respondent S.B. Criminal Miscellaneous Bail Application No. 573/2025

1. Manraj Gurjar S/o Shri Jagroop, Aged About 24 Years, R/o Gujaron Ka Mohalla, Didwana, Police Station Malarna Dungar, District Sawai Madhopur. (Presently Accused Confined In Central Jail Jaipur).

2. Rajnesh S/o Shri Ramkishore, Aged About 18 Years, R/o Didwana, Police Station Malarna Dungar, District Sawai Madhopur. (Presently Accused Confined In Central Jail Jaipur). State Of Rajasthan, Through PP Versus ----Petitioners ----Respondent S.B. Criminal Miscellaneous Bail Application No. 645/2025 Dileep Kumar Meena S/o Shri Ram Avatar Meena, Aged About 25 Years, R/o Gram Post Hamirpur, Todaraisingh Tonk, Rajasthan -

304505. (Presently Confined At Central Jail Jaipur) State Of Rajasthan, Through PP Versus ----Petitioner ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1141/2025 Sanjeet Kumar S/o Shree Hariram Meena, Aged About 22 Years, R/o Boli P.S. Boli, District Sawai Madhopur. At Present In Judicial Custody In Central Jail Jaipur ----Petitioner State Of Rajasthan, Through PP Versus [2025:RJ-JP:13562] (3 of 6) [CRLMB-76/2025] ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1641/2025 Tarun Verma S/o Shri Prahlad Verma, Aged About 31 Years, R/o Plot No. 02, Balanand Ji Ka Rasta, Chandpole Bazar, Jaipur, Police Station Nahargarh, Jaipur. (Petitioner Is Confined At Central Jail, Jaipur). Versus ----Petitioner State Of Rajasthan, Through Learned Public Prosecutor (P.P.) ----Respondent For Petitioner(s) : Mr. Jaswant Singh Rathore, Mr. Nirmal Kumar Sharma Mr. Rajesh Goswami, Mr. Satyendra Singh Tanwar, Mr. Jay Bhardwaj, Mr. Adeet Srivastava, Mr. Rituraj Singh, Mr. Karan Sharma, Ms. Dhanishtha Mukhiya for Mr. Abhas Choudhary, Mr. Pradeep Sharma Mr. Jaivardhan Singh Shekhawat For Respondent(s) : Mr. Sudesh Saini, PP, Mr. Hari Ram, IO, Cyber Crime Police Station, SOG Rajasthan, Jaipur HON'BLE MR. JUSTICE PRAVEER BHATNAGAR 25/03/2025 Order

1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.12/2024 registered at Police Station Cyber Police Station (ATS and SOG), District ATS and SOG for the offence(s) under Sections 308(6), 318(4), 319(2), 111(4) and 204 of BNS and Section 66-D of IT Act. [2025:RJ-JP:13562] (4 of 6) [CRLMB-76/2025]

2. Learned counsels for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. They further submit that the amount was transferred in the bank account of Sovan Mandal who transferred the amount to the bank account of Rakesh Kumar Gawariya. No amount was transferred in the account of all the present petitioners. The police has already submitted the charge-sheeted against the present petitioners Vinesh Kumar, Rajpal Singh, Rajnesh, Manraj and Tarun Sharma. Though other criminal cases were registered, against the present petitioners but they were under minor offences. The accused- petitioners are in custody since long, trial of the case may take considerable time, therefore, the bail applications of the accused- petitioners may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail applications and contended that the accused-petitioners are involved in siphoning off the amount from the complainant's bank account. Learned Public Prosecutor has also placed on record the factual report.

4. The Investigating Officer is present before this Court to explain the role of the present accused-petitioners. The Investigating Officer has stated that the amount was deposited in the bank account of Sovan Mandal and thereafter, it was transferred into the bank account of co-accused Rakesh Gawariya. It is also informed that accused-petitioners Rakesh Gawariya and Dilkhush Meena and Chain Singh, thereafter, withdrew the amount and handed over to the other persons. In the bank account of Rakesh Gawariya Rs.9,00,000/- were deposited and other co- [2025:RJ-JP:13562] (5 of 6) [CRLMB-76/2025] accused Chain Singh and Dilkhush Meena have withdrawn it along with the co-accused Rakesh Gawariya. From the possession of the petitioner Dilkhush Meena ATM card pertaining to the bank account of Rakesh Gawariya was recovered. The co-accused Chain Singh, Dilkhush Meena and Rakesh Gawariya were seen together withdrawing the amount in the CCTV footage. They have later on given the amount to the other co-accused, therefore, the bail applications of all the accused-petitioners may be dismissed.

6. Heard and perused the material available on record. It is not desirable to express anything on the merits of the case. The amount cheated from the complainant was transferred in the bank account of Sovan Mandal and thereafter, it was transferred in the bank account of co-accused Rakesh Gawariya. No amount was deposited in the account of present petitioners. The accused-petitioners are not directly involved in cheating with the complainant. There was no connectivity between the accused- petitioners and the complainant, the money was transferred from the account of Sohan Mangal and other co-accused Rakesh Gawariya, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioners on bail.

7. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely:

1. Rajpal S/o Mahendra Singh, 2. Rahul Sharma S/o Dalip Sharma, 3. Sumarth S/o Shri Dharam Singh, 4. Ankit Meena S/o Shri Ramkishore, 5. Devendra Singh S/o Late Shri Bhalsingh, 6. Vinesh Kumar S/o Shri Hawa Singh, 7. Manraj Gurjar S/o Shri Jagroop, 8. Rajnesh S/o Shri Ramkishore, [2025:RJ-JP:13562] (6 of 6) [CRLMB-76/2025]

9. Dileep Kumar Meena S/o Shri Ram Avatar Meena, 10. Sanjeet Kumar S/o Shree Hariram Meena, 11. Tarun Verma S/o Shri Prahlad Verma, in connection with FIR No.12/2024 registered at Police Station Cyber Police Station (ATS and SOG), District ATS and SOG, shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

8. The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused-petitioners to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the applications against the petitioners for cancellation of the bail before the concerned Magistrate. Keshav/20-23, 25-28 (PRAVEER BHATNAGAR),J

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