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

S.B. Criminal Miscellaneous Bail Application No. 12627/2024 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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