Rakesh Ganwariya S/O Shri Bholaram Ganwariya Vs State of Rajasthan

As these bail applications have been filed against the order of dismissal of bail applications of the present accused-applicants pertaining to the same FIR, they are being heard and decided by the instant common order.

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The present bail applications have been filed by the accusedapplicants under Section 483 of the B.N.S.S, 2023 against the orders dated 03.01.2025, 07.01.2025 & 06.02.2025 passed by learned Additional Sessions Judge No.05, Jaipur Metropolitan First in connection with FIR No.12/2024, registered at Police Station Cyber Police Station (ATS & SOG), District Jaipur Metropolitan for the offences punishable under Section 66D of The Information Technology (Amendment) Act, 2008 and Sections 308(6), 318(4), 319(2), 111(4) & 204 of BNS, 2023, by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed.

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Learned counsel for the accused-applicants submitted that the accused-applicants have falsely been implicated in this matter. The charges levelled against the accused-applicants are triable by the Judicial Magistrate. Learned counsel for the accused-applicants argued that the accused-applicants are behind the bars from last four months. Learned counsel further submitted that against the accused-applicant Rakesh Gawariya one criminal case was registered and against Chain Singh five other criminal cases are also registered, but none of these cases are of similar nature with

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[2025:RJ-JP:16223]

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which the accused-applicants are charged in this case and there is no criminal case registered against Dilkhush Meena. Learned counsel also submitted that in the same FIR other co-accused were also arrested, out of which accused Rajpal, Rahul Sharma, Sumarth, Ankit, Devendra Singh, Vinesh Kumar, Manraj Gurjar, Rajnesh, Dileep Kumar Meena, Sanjeet Kumar & Tarun Verma have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 25.03.2025 in S.B. Criminal Miscellaneous Bail Application No.76/2025 and other connected matters. Learned counsel further submitted that no recovery has been made from the present accused-applicants, however, recovery of more than Rs.10 Lacs was made from co-accused-Devendra and more than Rs.3 Lacs were recovered from co-accused-Vinesh Kumar and both the co-accused have already been enlarged on bail. The case of present accused-applicants are not distinguishable from the co-accused. Learned counsel also submitted that the trial will take long time to conclude, therefore, the accused-applicants be granted benefit of bail.

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Learned Public Prosecutor vehemently opposed the bail applications on the ground that the present case is relating to online cheating and therefore looking to the seriousness of the case the accused-applicants should not be granted benefit of bail.

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Heard learned counsel for the parties and also perused the material available on record.

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Having regard to the facts and circumstances of the case, and considering the fact that the charges levelled against the accusedapplicants are for the offences punishable under Sections 66D of The Information Technology (Amendment) Act, 2008 and Sections 308(6), 318(4), 319(2), 111(4) & 204 of BNS, 2023, which are

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[2025:RJ-JP:16223]

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triable by the Judicial Magistrate and also considering the fact that the co-accused have already been enlarged on bail and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-applicants.

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Consequently, these bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accusedapplicants namely: Dilkhush Meena S/o Shri Rameshwar Meena, Chainsingh S/o Shri Ghanshyam Gurjar & Rakesh Ganwariya S/o Shri Bholaram Ganwariya , arrested in FIR No. 12/2024, registered at Police Station Cyber Police Station (ATS & SOG), District Jaipur Metropolitan shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/each to the satisfaction of the learned trial Court. Accusedapplicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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The accused-applicants are also directed to mark their presence on 25th day 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-applicants to the learned 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 accused-applicants for cancellation of the bail before the concerned Magistrate.

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Copy of this order also be sent to concerned SHO for compliance.

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(ASHUTOSH KUMAR),J

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Mohita /83-84 & 261

Rakesh Ganwariya S/O Shri Bholaram Ganwariya v. State of Rajasthan

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Rakesh Ganwariya S/O Shri Bholaram Ganwariya v. State of Rajasthan

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