Tanish Sirohiya S/O Gorishankar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Tanish Sirohiya S/O Gorishankar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Regular bail allowed: accused-petitioner Tanish Sirohiya to be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with stipulation to appear before the trial Court on all subsequent dates of hearing and as and when called upon.

Issue for consideration

Whether the accused-petitioner Tanish Sirohiya, in judicial custody since 05.10.2025 in FIR No.160/2025 of Police Station Kundera, District Sawai Madhopur, is entitled to regular bail under Section 483 BNSS/439 Cr.P.C.

Court's answer

Bail granted: taking into account the overall facts and circumstances, that the offences are triable by Magistrate, and that the main accused has already been enlarged on bail by a Co-ordinate Bench of this Court, the Court enlarged the petitioner on bail without expressing any opinion on the merits and demerits of the case.

Ratio / Principle

The accused-petitioner shall be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with the stipulation that he shall appear before that Court on all subsequent dates of hearing and as and when called upon.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single Bench of Baljinder Singh Sandhu, J. — Regular bail application under Section 483 BNSS/439 Cr.P.C. by Tanish Sirohiya in FIR No.160/2025, Police Station Kundera, District Sawai Madhopur, for offences under Sections 316(2), 318(4), 319(2), 336(3), 338, 340(2), 112(2) & 61(2) of BNS, Section 66D of IT Act and Section 13 of Rajasthan Public Gambling Ordinance, 1949, allowed. Offences triable by Magistrate; allegation that petitioner's account and sim were operated by main accused Bheem Singh, already enlarged on bail by a Co-ordinate Bench; petitioner in judicial custody since 05.10.2025. Bail granted without expressing any opinion on merits, on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, conditioned on appearance before the trial Court on all subsequent dates.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 13484/2025

Tanish Sirohiya S/o Gorishankar, R/o 172, Devi Nagar, New Sanganer Road, Gurjar Ki Thadi Shyam Nagar Sodala Jaipur. (Presently Confined At Centre Jail Sawai Madhopur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Anees Khan with Mr. Shiv Kumar Jangid For Respondent(s) : Mr. Vijay Singh Yadav, P.P. Mr. Tapesh Agarwal, P.P.

HON’BLE MR. JUSTICE BALJINDER SINGH SANDHU Order

17/10/2025

This bail application has been filed by the petitioner under Section 483 BNSS/439 Cr.P.C. seeking regular bail in FIR No.160/2025 registered at Police Station Kundera, District Sawai Madhopur for the offence(s) under Section(s) 316(2), 318(4), 319(2), 336(3), 338, 340(2), 112(2) & 61(2) of BNS, under Section 66D of IT Act and under Section 13 of Rajasthan Public Gambling Ordinance, 1949.

Learned counsel for the petitioner submits that the accusedpetitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that all the offences(s) are triable by Magistrate and against the petitioner, offence under Section 112 BNS has been pressed and not under Section 111 BNS which is reflected from the order of the learned trial Court as well. Further submission is that allegation against the petitioner is

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[CRLMB-13484/2025]

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that his account and sim were being operated by the main accused Bheem Singh, who has already been enlarged on bail by a Co-ordinate Bench of this Court. Learned counsel also submits that the accused-petitioner has been in judicial custody since 05.10.2025 and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.

Learned Public Prosecutor appearing for the State has opposed the bail application.

Taking into consideration the overall facts and circumstances of the case and the fact that offence(s) are triable by Magistrate and main accused has already been enlarged on bail by a Coordinate Bench of this Court, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application filed under Section 483 BNSS/439 Cr.P.C. is allowed and it is ordered that accusedpetitioner Tanish Sirohiya S/o Gorishankar shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

(BALJINDER SINGH SANDHU),J

DANISH USMANI /625