[2025:RJ-JP:36145] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10675/2025 Dharmendra Chawra Harish Bhai S/o Shri Harish Bhai, Aged About 40 Years, R/o No. 36/501, Geeta Apartment, Near Balkrishna Temple Ranip, Police Station Ranip, District Ahmedabad (Gujrat) Pin 382480, Presently Tenant Nilesh Bhai Shah, House No. 08, Arvind Society, Gayatri Mandir Road, Ranip, Police Station Ranip, Ahmedabad (Gujrat) (The Accused Petitioner Presently Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta Ms. Chanchal Sharma For Respondent(s) : Mr. Rajeev Kumar Sharma Mr. Lalit Gautam HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Dharmendra Chawra Harish Bhai S/o Shri Harish Bhai seeking bail in respect of a criminal case registered as FIR No.02/2025 dated 03.02.2025 registered at P.S. Cyber Police Station District - Karauli, for the offence under Sections 318(4) and 316(2) of BNS and 66D of IT 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 [2025:RJ-JP:36145] (2 of 4) [CRLMB-10675/2025] 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that petitioner is an employee on salary of ₹23,000/- per month and he is not aware about using of his bank account by his own friend Nehal Mitri s/o Rajeshbhai. He further submitted that the bank account of present petitioner was used by Nehal Mitri in transferring money after cyber cheating and after deposit of money Nehal has withdrawn entire amount, deposited in the bank account. He further submitted that as per investigation, ₹4,00,000/- were transferred from account of complainant to the bank account of petitioner accused, used by Nehal. He further submitted that petitioner is in custody for last more than 1 month and offence is triable by Magistrate. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned counsel for complainant has also opposed the bail application and submitted that ₹9 lacs were cheated by cyber crime activities and present petitioner is one of the beneficiary, who received money from the complainant. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. [2025:RJ-JP:36145] (3 of 4) [CRLMB-10675/2025] 7. On the basis of complaint dated 03.02.2025 lodged by complainant Rahul Sen about cheating in online transaction on false promise of promitional activities, a report is registered and the matter is investigated. During investigation, present petitioner is arrested on basis of identification of bank account on 26.07.2025 and since then he is in custody. The interrogation note suggested that present petitioner is working on salary of ₹27,000/- per month as a salesman, who is having a friendship with Nehal s/o Rajeshbhai who operated the account of RBL Bank of present petitioner and committed cyber crime by transfer of money from accounts of the victim(s) to the account in the name of present petitioner, but operated by Nehal. 8. The material on record indicated that 23 complaints for use of said account in RBL Bank were found which indicated that bank account has been used extensively for committing cyber crime and cheating. The role and involvement as found by police suggest that present petitioner is just a face and real culprit is someone else but the IO has not played his role in proper investigation of the matter. Mere collection of document from bank is not enough to nail the real culprit rather action is required and same is lacking in the instant case. 9. 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 [2025:RJ-JP:36145] (4 of 4) [CRLMB-10675/2025] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 10. Thus, the instant bail application filed on behalf of applicant- accused Dharmendra Chawra Harish Bhai S/o Shri Harish Bhai, 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. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. 12. Office is directed to send a copy of this order to the Superintendent of Police, Karauli and call his comments within two weeks for shoddy investigation, particularly not taking against real culprit. (ASHOK KUMAR JAIN),J PREETI VALECHA /194