Amit Garg vs State Of Rajasthan (2024:Rj-Jd:48154)

Manu Garg S/o Late Sh. Surya Prakash Garg, Aged About 40 Years, R/o B-09, Sector-E, New Aliganj, Police Station Aliganj, District Lucknow (Uttar Pradesh) (At Present Lodged In Central Jail, Jodhpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14271/2024 Amit Garg S/o Late Sh. Surya Prakash Garg, Aged About 41 Years, R/o B-09, Sector -E, New Aliganj, Police Station Aliganj, District Lucknow (Uttar Pradesh) (At Present Lodged In Central Jail, Jodhpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent

For Petitioner(s) : Mr. T.R.S. Sodha Mr. Dilip Singh For Respondent(s) : Mr. Sharwan Singh Rathore Mr. Mahendra Kumar, S.I., I.O., P.S. Karwad, Jodhpur

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order 26/11/2024

1. These applications for bail under Section 439 Cr.P.C. (483

BNSS) have been filed by the petitioners who have been arrested

in connection with F.I.R. No.111/2024, registered at Police Station

Karwad, District Jodhpur City East, for offences under Sections

318(4), 316(2) and section 308(2) of BNS.

2. Heard learned counsel for the parties at Bar. Perused the

material available on record.

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3. Learned counsel for the petitioners submitted that the as per

the prosecution, the petitioners along with the co-accused persons

while impersonating as customs officers, conspired to digitally

arrest the complainant and made them deposit a huge amount of

money in different bank accounts. Drawing attention of the Court

towards challan papers, learned counsel submitted that as a

matter of fact the co-accused persons by luring the petitioners for

good commission made them to agree to let the co-accused

persons use their bank accounts for transfer of money for their

business/trading. The ATM card(s), cheque books and the mobile

sim cards of the petitioners were also kept by them. The amounts

so deposited in the bank accounts of the present petitioners from

different parts of the country was immediately transferred to

various other bank accounts, therefore in other words the amount

received in the bank accounts of the petitioners was not allegedly

used by them for their own good. Lastly, learned counsel for the

petitioners submitted that there is nothing on record to indicate

that the petitioners were the ones who extorted/cheated money

from the complainant or any other person by digitally arresting

them or luring them to deposit money in expectation of high

returns; the petitioners are in judicial custody and the trial of the

case will take sufficiently long time, therefore, the benefit of bail

may be granted to the accused-petitioners.

4. Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have vehemently opposed the bail

application.

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5. Having considered the rival submissions, facts and

circumstances of the case, this Court prima facie finds that the

investigation against the petitioners has already been concluded;

challan has been filed before the competent criminal court; no

recoveries are due to be made from them. This Court also finds

that the prosecution has not shown any apprehension of the

petitioners involving themselves in a case of similar nature in case

they are enlarged on bail. Thus, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioners on bail.

6. Consequently, these bail applications under Section 439

Cr.P.C. (483 BNSS) are allowed. It is ordered that the accused-

petitioners- Manu Garg S/o Late Sh. Surya Prakash Garg and

Amit Garg S/o Late Sh. Surya Prakash Garg, arrested in

connection with F.I.R. No.111/2024, registered at Police Station

Karwad, District Jodhpur City East, shall be released on bail, if not

wanted in any other case, provided each of them furnishes a

personal bond of Rs.50,000/- and two sureties of Rs.25,000/-

each, to the satisfaction of learned trial Court, for their

appearance before that Court on each & every date of hearing and

whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

applications. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J 351-himanshu/-

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