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2025 DAILYLAW 27593 (RAJ)

IRSAD S/O SHRI RAMJAN v. STATE OF RAJASTHAN

CRLMB/10315/2025 · 2025-09-09

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10315/2025 Irsad S/o Shri Ramjan, Aged About 27 Years, R/o Barheda, Police Station Jeroli, District Khairthal- Tijara, Rajasthan. (Petitioner Is In Judicical Custody In Central Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Vijay SinghYadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Irsad S/o Shri Ramjan seeking bail in respect of a criminal case registered as FIR No.405/2025 dated 23.07.2025 registered at P.S. Sadar District - Alwar, for the offence under Sections 111(2)(b), 112(2), 316(2), 318(4), 319(2), 61(2) of BNS rws 66D of IT Act and 42(2) of Telecommunication Act. 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 jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:36448] (2 of 3) [CRLMB-10315/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned Counsel for Petitioner submits that there is neither any complainant nor a victim who approached the police for a complaint against the petitioner. He further submitted that only after search of mobile of present petitioner, police has recorded that ₹15,999 were transferred to the account of present petitioner, which is a crime proceed. He further submitted that not a single incident of cheating or involvement of present petitioner is mentioned by police and without the same the petitioner is booked by police. 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 the basis of suspicion, Jagjeevan ASI, PS Sadar, Alwar has intercepted and detained present petitioner and found his involvement in cyber crime activities along with cheating and filed a FIR. Petitioner accused was arrested on 23.07.2025 there is no criminal antecedent against the petitioner and as per police report ₹15,999/- is transferred by way of cyber crime activity. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, [2025:RJ-JP:36448] (3 of 3) [CRLMB-10315/2025] looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Irsad S/o Shri Ramjan, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /75