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[2025:RJ-JP:32651] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 10353/2025 Mohd. Faisal S/o Late Safik, R/o 264/168K, Gadhayya Billojpura, Rajendra Nagar, Police Station Kotwali Bazar Khala, Lucknow (U.p.) (The Accused Applicant Presently Confined In District Jail Karauli). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Rajneesh Gupta, Adv. with Mr. Lokendra Sharma, Adv. & Mr. Utkarsh Goyal, Adv. For Respondent : Mr. Devi Singh, Dy.G.A. Mr. Vivek Sharma, Addl.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 20/08/2025
1. The present second bail application has been filed by the accused-applicant. The first bail application filed on behalf of the accused-applicant has been dismissed by this Court vide order dated 23.06.2025 passed in S.B. Criminal Miscellaneous Bail Application No.4170/2025.
2. This second bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the
order dated 01.08.2025 passed by learned Additional Sessions Judge, District Karauli in Bail Application No.313/2025 arising out of FIR No.9/2024, registered at Cyber Police Station (Karauli), District Karauli for the offence punishable under Sections 420 and
[2025:RJ-JP:32651] (2 of 4) [CRLMB-10353/2025] 120-B of IPC and Section 66-D of Information Technology (Amendment) Act, 2008 (hereinafter referred to as the 'Act of 2008') by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed.
3.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case.
Learned counsel also submits that the charges levelled against the accused-applicant are for the offences punishable under Sections 420 and 120-B of IPC and Section 66-D of the Act of 2008 and the same are triable by Judicial Magistrate. Learned counsel further submits that age of the present accused-applicant is about 25 years.
4.
Learned counsel for the accused-applicant argues that the charges have been framed against the accused-applicant; the statements of the complainant have been recorded and also trial has started, which will take long time to conclude. Learned counsel further argues that co-accused persons namely Sandeep and Subham have been granted benefit of bail by this Court vide
order dated 23.06.2025 (S.B. Criminal Misc. Bail Application No.1924/2025 and another connected matter).
5.
Learned counsel for the accused-applicant contends that the accused-applicant was arrested on 31.01.2025 and since then, he is behind the bars and charge-sheet has already been filed and trial will take long time to conclude. Learned counsel also contends that no other criminal case has been registered against the accused-applicant, therefore, the accused-applicant be granted benefit of bail.
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6.
Learned counsel appearing on behalf of the State vehemently oppose this bail application and submit that the matter pertains to commission of cyber fraud by the accused- applicant and an amount of more than Rs.4,00,000/- was found to be deposited in the bank account of the present accused- applicant, therefore, he should not be enlarged on bail.
7. Heard learned counsel for the parties and also perused the material available on record.
8. Considering the overall facts and circumstances of the case, looking to the age and period of custody of the accused-applicant; the fact that the other co-accused have already been enlarged on bail by this Court; the fact that charges levelled against the accused-applicant are triable by Judicial Magistrate and charge- sheet has been filed and also the 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 this second bail application filed by the applicant.
9. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- applicant Mohd. Faisal S/o Late Safik, arrested in connection with FIR No.9/2024, registered at Cyber Police Station (Karauli), District Karauli, shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
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10. The accused-applicant is also directed to mark his presence in the third week 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-applicant to learned trial Court every month. In case of any breach to the above condition, learned counsel for the State shall be free to move the application against the accused-applicant for cancellation of bail before concerned Magistrate.
11. Copy of this order also be sent to concerned SHO for compliance.
(ASHUTOSH KUMAR),J AARZOO ARORA /22