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[2025:RJ-JP:28577] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8173/2025
1. Akbar Son Of Shri Dalsher, Aged About 36 Years, Resident Of Ghatla, Police Station Vijay Mandir District Alwar Rajasthan. (At Present Accused Petitioner Confined In Central Jail Alwar)
2. Ahmed Son Of Shri Dalmod, Aged About 29 Years, Resident Of Ghatla, Police Station Vijay Mandir District Alwar Rajasthan. (At Present Accused Petitioner Confined In Central Jail Alwar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Jamasi For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/07/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.109/2025 registered at Police Station, Vijay Mandir, District Alwar for the offences punishable under Sections 318(4) & 316(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’) 2023 and Section 66D of I.T. Act (Amended), 2008.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that no private person has made any complaint against the petitioners and they have been made accused simply on the basis of the fact that some apps were found in their mobile phones. It is submitted that
[2025:RJ-JP:28577] (2 of 3) [CRLMB-8173/2025] alleged offences are triable by Magistrate. Learned counsel contends that petitioners have no criminal antecedents of similar nature and they are in custody since 04.06.2025. Further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Learned State counsel opposes the submissions made by counsel for the petitioners. He submits that there is evidence available on record that petitioners are involved in cyber fraud. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that the alleged offences are triable by Magistrate; petitioners have no criminal antecedents of similar nature as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners (1) Akbar Son Of Shri Dalsher, and (2) Ahmed Son Of Shri Dalmod, shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall
[2025:RJ-JP:28577] (3 of 3) [CRLMB-8173/2025] mark their presence in the first week of every month in the concerned police station. 8. Office is directed to send copy of this order forthwith to the accused petitioners through concerned Jail Superintendent. Office is also directed to send copy of this order to the concerned trial court forthwith.
After receiving copy of this order, the learned trial court shall intimate the accused petitioners regarding this bail granting order. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 11. The observations made hereinabove is only for the decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /304