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2025 DAILYLAW 27730 (RAJ)

AAKIL S/O SHAMSHER v. STATE OF RAJASTHAN

CRLMB/10334/2025 · 2025-09-10

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:36778] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6692/2025 1. Sabir S/o Islam, Aged About 22 Years, R/o Village Thalchana, Police Station Jurhera, District Deeg, Rajasthan. (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 01.05.2025). 2. Sahil S/o Usman, Aged About 21 Years, R/o Village Thalchana, Police Station Jurhera, District Deeg, Rajasthan. (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 01.05.2025). 3. Junaid S/o Rajjak, Aged About 22 Years, R/o Village Mohhamadpur Ted, Police Station Pinagawa, District Nuh, Haryana. (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 01.05.2025). 4. Saikul S/o Jamshed, Aged About 22 Years, R/o Village Dhana, Police Station Pinagwa, District Nuh, Haryana. (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 01.05.2025). ----Petitioners Versus 1. State Of Rajasthan, Through Pp ----Respondents Connected With S.B. Criminal Miscellaneous Bail Application No. 7285/2025 Ansed S/o Juharudeen, Aged About 20 Years, R/o Village Jurhari, Police Station Jurhara, District Deeg, Rajasthan. (Petitioner Is In Judicial Custody In District Jail Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10332/2025 Irfan S/o Ishak, Aged About 32 Years, R/o Ladlaka, Police Station Jurhera, District Deeg, Rajasthan. (At Present Petitioner Confined In Sub Jail Deeg). [2025:RJ-JP:36778] (2 of 6) [CRLMB-6692/2025] ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10333/2025 Mohin S/o Azad Mohammad, Aged About 22 Years, R/o Kanchanner, Police Station Jurhera, District Deeg, (Raj.) (At Present Petitioner Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10334/2025 Aakil S/o Shamsher, Aged About 21 Years, R/o Ladlaka, Police Station Jurhera, District Deeg, Rajasthan. (At Present Petitioner Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manish Gupta Mr. Balram Vashisth for Mr. Vafik Choudhary For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Sabir S/o Islam, Sahil S/o Usman, Junaid S/o Rajjak, Saikul S/o Jamshed, Ansed S/o Juharudeen, Irfan S/o Ishak, Mohin S/o Azad Mohammad, Aakil S/o Shamsher seeking bail in respect [2025:RJ-JP:36778] (3 of 6) [CRLMB-6692/2025] of a criminal case registered as FIR No.137/2025 dated 01.05.2025 registered at P.S. Jurhera District – Deeg, for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 308(2), 313, 64(2)(a) of BNS and 66-D and 67-A of IT Act. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants-accused do not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicants submits that on 01.05.2025, police has intercepted four persons on suspicion that they are committing cyber crime and without any verification, police has detained four persons Sabir S/o Islam, Sahil S/o Usman, Junaid S/o Rajjak, Saikul S/o Jamshed. They further submits that during search they have seized their mobile and searched the mobile application and on basis of operation of mobile applications, a presumption is drawn against the applicants-accused that they have committed online cheating and cyber crime. They also submits that not a single victim or complainant was approached to the police for a complaint of online cheating or cyber crime. They further submits that even no complaint against the applicants were found on cyber crime portal. They further referred the statement of [2025:RJ-JP:36778] (4 of 6) [CRLMB-6692/2025] Chander Prakash Sharma and submits that there is a distinction in mobile number, as mobile number mentioned by Chander Prakash Sharma is not found with any of the applicants-accused. They further submits that on basis of information of first four persons, other accused were named by police and further five more persons including a juvenile were detained by police. They further submits that except recovery of mobile phone of applicants-accused there is no other recovery. 4. Learned counsel appearing for Ansed, Irfan, Mohin and Aakil submits that there is no criminal antecedents against them and they were arrayed as an accused only on information of co-accused. At last, they submits that a charge-sheet has been filed and the offence is triable by Magistrate First Class. 5. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On basis of information from informer, Kunwar Singh, ASI with police picket has reached to a hut in the forest of Jurerha and found four persons Sabir S/o Islam, Sahil S/o Usman, Junaid S/o Rajjak, Saikul S/o Jamshed and on suspicion recovered their mobile phones and on inspection and search found that these accused were involved in cyber criminal activities and initiated action against 4 other [2025:RJ-JP:36778] (5 of 6) [CRLMB-6692/2025] persons Ansed, Irfan, Mohin and Aakil. After arrest of all persons, a charge-sheet has been filed. There is no criminal antecedents against any of the applicant. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, 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 applicants-accused. 9. Thus, the instant bail applications filed on behalf of applicants-accused Sabir S/o Islam, Sahil S/o Usman, Junaid S/o Rajjak, Saikul S/o Jamshed, Ansed S/o Juharudeen, Irfan S/o Ishak, Mohin S/o Azad Mohammad, Aakil S/o Shamsher, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the applicant would furnish 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 applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:36778] (6 of 6) [CRLMB-6692/2025] (iii) The applicants-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 applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /136-140