[2025:RJ-JP:38117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9334/2025 Utpal Vishwas S/o Shree Dileep Vishwas, R/o Malikpada Chogcha Dumriya Primary School, Police Station Chakda District Nadiya West Bengal At Present Fockland Bazaar, Gali No. 02 Macchiwali Gali, V.p., Girgaanv, Police Station VP Road, Mumbai, Maharastra (At Present In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan For Respondent(s) : Mr. Vijay Singh Yadav with Mr. Shubham Kumar sain AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1 The present bail application under Section 483 of BNSS is filed by the applicant-accused Utpal Vishwas S/o Shree Dileep Vishwas seeking bail in respect of a criminal case registered as FIR No.15/2019 dated 19.09.2019 registered at P.S. Cyber Police Station, District – SCRB Jaipur City , for the offence under Sections 66-C, 66-D of IT Act and Section 420 of IPC. 2 Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the [2025:RJ-JP:38117] (2 of 3) [CRLMB-9334/2025] jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3 Learned counsel for applicant submits that the allegation upon present applicant is for transfer of ₹8,23,000/- to his account and present applicant is arrested without any evidence. He further submits that a charge-sheet has already been filed against him and currently he is in custody since 26.06.2025. 4 Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5 Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6 On basis of a complaint lodged by complainant Smt. Medha Kandoi on 19.09.2019 about incident of cyber crime and further transfer of money from her account, a report is registered and matter is investigated. During investigation, it has come to the notice that after receiving a link from an unknown number, the mobile SIM of complainant got deactivated and reactivated in another handset at another place which resulted into financial transaction to benefit the applicant-accused and further causing loss to complainant. The total loss which was estimated by investigating agency is ₹8,23,000/-. The applicant-accused remained absconded despite an attempt to arrest him after procuring a warrant of [2025:RJ-JP:38117] (3 of 3) [CRLMB-9334/2025] arrest under Section 37 of Police Act. Ultimately, this applicant-accused who was declared as absconder and a charge-sheet is filed in his absence, was arrested from Mumbai on 26.06.2025. 7 The material on record clearly indicate that this applicant- accused was also involved in other criminal cases of identical nature and he was nabbed by CID Unit-IV, Mumbai which also indicate involvement of present applicant in cyber crime activities. The offence is triable by Magistrate First Class but considering role and involvement of applicant-accused it is not a good case to enlarge applicant-accused on bail. 8 The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9 Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Utpal Vishwas S/o Shree Dileep Vishwas is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /106