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2025 DAILYLAW 12847 (RAJ)

RABEEN S/O MORMAL v. STATE OF RAJASTHAN

CRLMB/4121/2025 · 2025-04-30

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:18278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Criminal Miscellaneous Bail Application No. 4121/2025 Rabeen S/o Mormal, Aged About 32 Years, R/o Village Padala, Police Station Khoh, District Deeg. (Presently Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With (2) S.B. Criminal Miscellaneous Bail Application No. 4122/2025 1. Asfak S/o Taiyab, Aged About 22 Years, R/o Gram Bhaudaki, Police Station Khoh, District Deeg. (At Present Confined In Sub Jail, Deeg). 2. Shahrukh S/o Sahabuddin, Aged About 22 Years, R/o Gram Bhaudaki, Police Station Khoh, District Deeg. (At Present Confined In Sub Jail, Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent (3) S.B. Criminal Miscellaneous Bail Application No.4123/2025 Nasir S/o Aasu, Aged About 20 Years, R/o Village Kalyanpur, Police Station Khoh, District Deeg. (Petitioner Is Confined In Sub Jail, Deeg) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Applicants : Mr. Anupam Sharma, Adv. with Mr. Abhinav Sharma, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. with Ms. Arti Sharma, Dy.G.A. [2025:RJ-JP:18278] (2 of 4) [CRLMB-4121/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/04/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the common order dated 15.03.2025 passed by learned Additional District and Sessions Judge, Deeg, District Bharatpur in Misc. Criminal Cases No.74/2025, 75/2025 and 76/2025 arising out of FIR No.50/2025, registered at Police Station Khoh, District Deeg for the offences punishable under Sections 319(2), 318(4), 308(2), 317(2), 317(4), 338, 336(3), 340(2), 61(2)(a), 313, 317(5) and 303(2) of B.N.S., 2023 and Section 66-D of Information Technology (Amendment) Act, 2008 by which the bail applications of the accused-applicants under Section 483 of B.N.S.S., 2023 have been dismissed. 3. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel also submits that there is no private complainant in these cases. 4. Learned counsel for the accused-applicants contends that the accused-applicants were arrested on 06.03.2025 and since then, they are behind the bars. Learned counsel also contends that in these cases, trial will take long time to conclude, therefore, the accused-applicants may be granted benefit of bail. [2025:RJ-JP:18278] (3 of 4) [CRLMB-4121/2025] 5. Learned Deputy Government Advocate along with learned Additional Government Advocate vehemently oppose these bail applications and submits that the matter pertains to commission of cyber fraud by the accused-applicants, therefore, the accused- applicants may not be granted benefit on bail. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Admittedly, the charge levelled against the accused- applicants is with regard to commission of cyber fraud by the accused-applicants. 8. Having regard to the facts and circumstances of the case, and considering the fact that the applicants are in judicial custody since 06.03.2025 and also considering the fact that trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow these bail applications filed by the applicants. 9. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (1) Rabeen S/o Mormal, (2) Asfak S/o Taiyab, (3) Shahrukh S/o Sahabuddin and (4) Nasir S/o Aasu, arrested in connection with FIR No.50/2025, registered at Police Station Khoh, District Deeg will be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. [2025:RJ-JP:18278] (4 of 4) [CRLMB-4121/2025] 10. The accused-applicants are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned Police Station. SHO of the concerned Police Station shall send the presence report of the accused-applicants to learned trial Court every month. In case of any breach to the above condition, learned Additional Government Advocate shall be free to move the applications against the accused-applicants for cancellation of bails before the concerned Magistrate. 11. Copy of this order also be sent to concerned SHO for compliance. (ASHUTOSH KUMAR),J AARZOO ARORA /204-206