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2025 DAILYLAW 13314 (RAJ)

MUSTAKIM S/O ASSAR v. THE STATE OF RAJASTHAN

CRLMB/4369/2025 · 2025-08-21

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:33039] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4252/2025 Nafees S/o Farook, Aged About 19 Years, R/o Birar, Police Station Kaman District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4253/2025 Ansar S/o Faruk, Aged About 25 Years, R/o Lalpur Police Station Kaman, District Deeg, Rajasthan. (Currently In Sub Jail Deeg, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 4368/2025 Talim S/o Umar Mauhammad, Aged About 23 Years, R/o Lalpur, Police Station Kaman, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 4369/2025 1. Mustakim S/o Assar, aged 19 years 2. Nasir S/o Khannu, aged 26 years 3. Mustakim S/o Shahid, aged 22 years All are R/o Musepur, Police Station Kaman, District Deeg, Rajasthan (Presently Confined In Sub Jail, Deeg). ----Petitioner Versus [2025:RJ-JP:33039] (2 of 5) [CRLMB-4252/2025] The State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 4370/2025 Aasif S/o Muhim, Aged About 22 Years, R/o Lalpur, Police Station Kaman, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5494/2025 Insaf S/o Habib, R/o Sadan Ka Bas Lalpur, Police Station Kaman, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6658/2025 Aneesh S/o Kasam, Aged About 28 Years, R/o Sadan Ka Bas Lalpur, Police Station Kaman, District Deeg, Rajasthan. (Presently Confined In Sub Jail, Deeg). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Aarif Mohammed Mr. Rajneesh Gupta Mr. Arafat Hussain Mr. Harendra Singh Mr. Ankit Khandelwal For Respondent(s) : Mr. Dharmraj, CO Kaman, Deeg-IO HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order [2025:RJ-JP:33039] (3 of 5) [CRLMB-4252/2025] 21/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.118/2025 registered at Police Station Kaman District Deeg for the offence(s) under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(2)(a) and 61 (2) of BNS and Section 66-D of IT Act. 2. Learned counsels for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is alleged in the charge-sheet that petitioners by using their mobile numbers have committed cyber crime and amount of Rs. 12,87,42,036,26-/ (Twelve crore eighty seven lakh forty two thousand thirty six rupees twenty six paisa) were transacted. It is argued that police has not recorded statement of any person who has been cheated by the petitioners substantiating the amount of Rs. 12,87,42,036.26-/. There are no substantial evidence available on the record. The charge-sheet contains witness list of 16 persons, however all the witnesses are police officials, no such statements are submitted showing such deposit in petitioners' accounts. It is further contended that petitioners have not deceived any persons. There is no private complaint against the petitioners regarding commission of cyber crime through their mobile numbers. The accused-petitioners are in custody since 09.03.2025 and the trial of the case may take considerable time. There are no criminal antecedents against the petitioners except petitioners Aneesh and Insaf, therefore, these bail applications of the accused-petitioners may be allowed. [2025:RJ-JP:33039] (4 of 5) [CRLMB-4252/2025] 3. Learned Public Prosecutor has vehemently opposed these bail applications. It is contended that petitioners have committed cyber crime and from their possession ten mobile phones were recovered. It is also contended that the case was analysed through Samanvya Portal of CMHA. 4. The Investigating Officer is present in person before the court and after query he has stated that in the petitioners' account no such amount as referred in the charge-sheet was found to be transacted. 5. Heard and perused the material available on record. 6. Though in the charge-sheet it is stated that petitioners committed cyber crime through their mobile phones in tune of Rs. 12,87,42,36.26-/, however there is no material available on the record to substantiate the version stated in the charge-sheet that such amount was transacted in the accounts maintained by the petitioners. The accused-petitioners are in custody since 09.03.2025 and the trial of the case may take considerable time. The charge-sheet has already been submitted before the concerned court, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioners on bail. 7. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Nafees S/o Farook, 2. Ansar S/o Faruk, 3. Talim S/o Umar Mauhammad, 4. Mustakim S/o Assar, 5. Nasir S/o Khannu, 6. Mustakim S/o Shahid, 7. Aasif S/o Muhim, 8. Insaf S/o Habib, 9. Aneesh S/o Kasam, in connection with FIR No. 118/2025 registered at Police Station Kaman District Deeg [2025:RJ-JP:33039] (5 of 5) [CRLMB-4252/2025] shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge. 8. The accused-petitioners Insaf S/o Habib and Aneesh S/o Kasam are directed to mark their presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioners to the trial court on the same day every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J ashu /35-41