Rajasthan High Court – Jodhpur
Gaurav Alias Chotu vs State Of Rajasthan (2025:Rj-Jd:33743) on 30 July, 2025
[2025:RJ-JD:33743] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8588/2025 Gaurav Alias Chotu S/o Shivshankar, Aged About 25 Years, Resident Of Ward No 23, Raisinghnagar, P.s. Raisinghnagar, District Sri Ganganagar (Presently Lodged In Sub-Jail, Raisinghnagar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8017/2025 Sunil Daal S/o Shri Navinder Kumar, Aged About 32 Years, R/o Bhompura Police Station Sameja Kothi District Sri Ganganagar Rajasthan. (At Present Lodged In Sub Jail, Sri Raisingh Nagar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. SR Godara. Mr. Naresh Tak. Mr. Yuvraj Singh. For Respondent(s) : Mr. Hanuman Prajapati, PP. HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
30/07/2025
In S.B. Criminal Misc. Bail Application No. 8588/2025 :-
1. This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner, who has been arrested in
connection with F.I.R. No.114/2025 registered at Police Station
Raisinghnagar, District Sri Ganganagar, for offences under
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[2025:RJ-JD:33743] (2 of 5) [CRLMB-8588/2025]Sections 308(2), 308(3), 308(4), 351(3), 111(4) and 61(2) of
BNS.
2. Heard learned counsel for the parties and perused the
material available on record.
3. Learned counsel for the petitioner contends that the petitioner
has been falsely implicated in the present case. As per the
prosecution, the petitioner is alleged to have provided
photographs and location maps of the complainant-Sunil Kumar’s
house and shop to co-accused Dharmveer @ Dharma. It is further
alleged that the said information was used to demand extortion
money to the tune of Rs. 50,00,000/- from the complainant. In
support of its case, the prosecution has relied upon call detail
records of communications between Dharmveer @ Dharma and
the petitioner, specifically dated 11.04.2025, which allegedly
indicate exchange of information and photographs between the
two.
4. Learned counsel submits that the petitioner had no
involvement in the incident and has merely been roped in on the
basis of call records. He further submits that the call details relied
upon by the prosecution are dated after the incident (dated
04.04.2025) and even after the lodging of the FIR and filing of the
charge sheet, which occurred on 08.04.2025. It is argued that
these call records do not establish any nexus with the alleged
offence.
5. Learned counsel also submits that the petitioner has no
previous criminal antecedents and has been in custody since
08.05.2025.
6. Learned Public Prosecutor has opposed the bail application,
submitting that the offence is of serious nature and involves
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[2025:RJ-JD:33743] (3 of 5) [CRLMB-8588/2025]extortion from the complainant Sunil Kumar. He further submits
that the petitioner, in collusion with co-accused Dharmveer @
Dharma, was involved in demanding the extortion amount.
However, he is unable to dispute the fact that the call detail
records relied upon by the prosecution pertain to a period
subsequent to the incident and the FIR.
7. Having considered the rival submissions, the petitioner’s
custody since 08.05.2025, and taking into account the fact that
the material relied upon by the prosecution pertains to a period
after the incident and the FIR, as well as the likelihood of delayed
conclusion of the trial, and without expressing any opinion on the
merits of the case, this Court deems it just and proper to enlarge
the petitioner on bail.
8. Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Gaurav Alias Chotu S/o Shivshankar, arrested in connection
with F.I.R. No.114/2025 registered at Police Station Raisinghnagar,
District Sri Ganganagar, shall be released on bail, if not wanted in
any other case, provided he furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
In S.B. Criminal Misc. Bail Application No. 8017/2025 :-
1. This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner, who has been arrested
in connection with F.I.R. No.114/2025 registered at Police
Station Raisinghnagar, District Sri Ganganagar, for offences
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[2025:RJ-JD:33743] (4 of 5) [CRLMB-8588/2025]under Sections 308(2), 308(3), 308(4), 351(3), 111(4) and
61(2) of BNS.
2. Heard learned counsel for the parties and perused the
material available on record.
3. It is contended by learned counsel for the petitioner that the
petitioner’s bail application was rejected by the learned trial
Court solely on the ground of previous criminal antecedents. It is
submitted that out of the two cases relied upon, the petitioner
was discharged in one, and the other pertains to a period prior
to the year 2020. Learned counsel further submits that the
petitioner has been in judicial custody since 12.04.2025.
4. Learned Public Prosecutor opposes the bail application and
submits that the petitioner does not deserve the benefit of bail.
5. Having considered the rival submissions and taking into
account the fact that the petitioner has remained in custody
since 12.04.2025 and that the previous antecedents are either
old or resulted in discharge, coupled with the likelihood of
delayed conclusion of the trial, and without expressing any
opinion on the merits of the case, this Court deems it just and
proper to enlarge the petitioner on bail.
6. Consequently, the bail application under Section 483 of
BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Sunil Daal S/o Shri Navinder Kumar, arrested in
connection with F.I.R. No.114/2025 registered at Police Station
Raisinghnagar, District Sri Ganganagar, shall be released on bail,
if not wanted in any other case, provided he furnishes a personal
bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
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[2025:RJ-JD:33743] (5 of 5) [CRLMB-8588/2025]
to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
211-212-/Jitender//-
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