[2026:RJ-JD:8965]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1615/2026 Prijesh Kumar S/o Shri Kanhaiya Lal, Aged About 22 Years, Resident Of Sutharvadi, Outside City, P.s. Salumbar, Distt Salumbar (Rajasthan ) (Presently Lodged In District Jail, Salumbar)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shambhoo Singh Rathore Mr. Jitendra Singh For Respondent(s) : Mr. Hanuman Singh, PP with Mr. O.P. Choudhary HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

18/02/2026

1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 170/2025 dated 23.06.2025, Police Station Salumber, District Salumbar for the offences under Sections 318(4),of the BNS, 2023 and Section 66D of IT Act, 2000. During investigation, offences under Sections 316(2) and 61(2) of BNS, 2023 were added.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. The offences alleged against the present petitioner are triable by Magistrate. Petitioner has been arrested merely on apprehension and there is no allegation of his bank account being used for any illegal transaction. The petitioner is in judicial custody since 23.12.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application and submits that petitioner is the key person in the present crime who has managed the account of one co-accused Amit Kumar who is the complainant too and has also shared the amount which was transferred in the account of the co-accused. Based on the above submission, petitioner may not be enlarged on bail whose involvement cannot be ruled out at this stage.

4. Heard learned counsel for the petitioner 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 the fact that there is no criminal antecedent; there is no transaction reported to be made in the account of present petitioner so also the offence alleged is triable by Magistrate, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner 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 petitioner deserves to be accepted.

6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Prijesh Kumar S/ o Shri Kanhaiya Lal, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial Court for his 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

34-AbhishekK/-