Rahul Garg And Ors vs State Of Rajasthan

The present second bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 6/2020

registered at Police Station Cyber Crime, Jaipur for the offence under Section 66D of IT Act and Sections 419, 420 & 120-B of IPC later on charge

sheet filed for the offence under Section 66D of IT Act and Section(s) 420, 419, 465, 467, 468, 471 & 120-B of IPC.

Learned counsels for the petitioners submitted that after rejection of their first bail applications, charge-sheet has been filed; hence, these second bail

applications.

With regard to another criminal case pending against them, learned counsels for the petitioners submitted that they have already been extended benefit

of bail by this Court in that case vide order dated 13.10.2020. They submitted that the petitioners are in judicial custody, charge sheet has been filed,

offences are triable by Magistrate, trial of the case will take time, similarly situated co-accused persons have been extended benefit of bail by this

Court and prayed for their release on bail.

Opposing these second bail applications, learned Public Prosecutor assisted by learned counsel for the complainant submitted that in view of the huge

amount for which the complainant has been duped by the accused-petitioners, they do not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegations against the petitioners,

their length of custody, filing of charge sheet, the offences being triable by Magistrate and release of co-accused persons on bail by this Court; but,

without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, these second bail applications are allowed and it is directed that accused-petitioners 1. Rahul Garg S/o Shri Niranjan Garg and 2. Gaurav

Bansal S/o Late Shri Ram Pratap Bansal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at

concerned Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two

sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall comply

with all the conditions laid down under Section 437(3) Cr.P.C.