[2025:RJ-JP:35708] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10664/2025 Shankar S/o Late Shri Surajmal, Resident Of Shyamota, Police Station Soorwal, District Sawai Madhopur. (Presently Languishing In District-Jail, Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jai Kishan Yogi For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail filed under Section 483 of BNSS by the applicant-accused Shankar S/o Late Shri Surajmal in FIR No. 152/2025 dated 08.08.2025 registered at P.S. Soorwal District – Sawai Madhopur, whereby the applicant- accused was charged under Sections 316(2), 318(4), 319(2), 336(3), 338, 340(2), 111(2)(b) of BNS and Section 66-C, 66-D of IT Act. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Learned counsel for petitioner further submitted that the offence for which present petitioner is charged, triable by Magistrate [2025:RJ-JP:35708] (2 of 4) [CRLMB-10664/2025] First Class. He further submitted that only on ground of suspicion present petitioner was detained by police and his mobile phone was searched and seized by police. He further submitted that not a single complainant or victim has come forward to file a complaint of cyber cheating by present petitioner accused. He further submitted that only on the basis of mobile apps found in handset present petitioner was depicted as cyber criminal. He further submitted that the age of present petitioner is 19 years and there is no criminal antecedent against the petitioner accused. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Kotwali, District Sawai Madhopur. 5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 6. On the basis of suspicion, police has detained present petitioner accused on 08.08.2025 and searched his mobile. On search police has found that present petitioner is involved in cyber criminal activity and he is actively using several mobile apps like fake crypto investor. The police has arrested petitioner accused on 08.08.2025 and registered a case. The petitioner accused is in custody and till date police has not recorded statement of any victim or a complainant, who was either a victim of cyber crime or cheating. Not a single complaint registered on cyber criminal portal is placed on record to show that petitioner accused indulged in cyber criminal activities. The interrogation note of present [2025:RJ-JP:35708] (3 of 4) [CRLMB-10664/2025] petitioner accused indicate that he has earned ₹2,00,000/- by cyber fraud though he is a helper on truck. 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, 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 applicants-accused Shankar S/o Late Shri Surajmal, is hereby allowed and 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. [2025:RJ-JP:35708] (4 of 4) [CRLMB-10664/2025] 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /162