[2025:RJ-JP:39352] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12092/2025 Farid Khan S/o Shri Fakruddin Khan, Aged About 25 Years, R/o Dehar Ka Bas, Tan Sahdoli, Police Station Bagad, Triraha, District Alwar (Rajasthan) (At Present Accused Petitioner Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Ms. Jamasi For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Farid Khan S/o Shri Fakruddin Khan seeking bail in respect of a criminal case registered as FIR No.264/2025 dated 29.08.2025 registered at P.S. Bagad Tiraya, District - Alwar , for the offence under Sections 318(2), 318(4), 319(2), 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 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:39352] (2 of 6) [CRLMB-12092/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned Counsel for the Petitioner submits that the cousin of the present petitioner was indulged in cybercrime activities and due to his involvement, the petitioner got lured for very small gains. She further submitted that the allegation against the present petitioner is of misusing bank accounts and SIM cards for the purpose of cybercrime. She undertakes that the petitioner may be debarred from opening any new bank account or procuring any SIM card. She also submitted that the petitioner undertakes not to indulge in any such activities in future. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. She further submitted that three complainants have lodged complaints on the Cybercrime Portal regarding transfer of money. She also submitted that during police investigation it has come on record that the petitioner is having five bank accounts and the same were used for committing online fraud. She further submitted that the present petitioner may be restricted from operating the said bank accounts and opening new bank accounts. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 29.08.2025, Jagdish Prasad, ASI, intercepted and detained the present petitioner-accused on the basis of a tip- off from an informer regarding cybercrime. On search, two [2025:RJ-JP:39352] (3 of 6) [CRLMB-12092/2025] mobile phones were found in possession of the petitioner along with certain bank documents. It was revealed that the petitioner was committing cybercrime by transferring money by offering sale of dress material, sarees, etc. at very cheap rates. During investigation, it was found that the bank accounts of AU Small Finance Bank, PNB , Kotak Bank, SBM Bank, HDFC Bank, and Rajasthan Kshetriya Grameen (Regional Rural) Bank, were used for committing online transactional fraud. Aggrieved persons Maya Lachita, Manisha Kumari, and Naveeda Bano have lodged complaints on the Cybercrime Portal. The matter was investigated and the petitioner was arrested. There is no criminal antecedent against the petitioner, and the offence is triable by the Magistrate First Class. 7. Before considering the bail application, it is necessary to examine the provisions of law which empower the police to freeze bank accounts if it is suspected that such accounts are involved in cybercrime, phishing, or unauthorized digital transactions. Section 106 of BNSS (corresponding provision under Section 102of Cr.P.C.). Similarly, Section 107 Cr.P.C. authorizes police officers to order forfeiture or restoration of property. In present case, the bank accounts were identified where amounts are suspected to have been illegally deposited after commission of cybercrime. The duty lies upon the police to freeze such accounts, and the bank is duty bound to put restriction on operation of said accounts as they used in commission of cybercrime activities. [2025:RJ-JP:39352] (4 of 6) [CRLMB-12092/2025] 8. It is further evident that cybercriminal activities are on continuous rise, mainly due to poor safety protocols adopted by service providers such as banks, financial institutions, and mobile service providers. As a result of which, the perpetrators are able to cause financial, mental, and even physical damage to individuals, particularly senior citizens and women. The only effective safeguard appears to be imposition of some restrictions on the opening and operation of bank accounts as well as issuance of SIM cards. If a person is found involved in misusing a bank account, either by lending it for being used by cybercriminals, or by permitting its use for transfer of proceeds of cybercrime, then such person should not be permitted to operate his account. He should be prevented from opening a new bank account in any bank, including private, nationalized and cooperative bank. A mechanism should also be developed to block such persons from opening and operating any digital wallet. Similarly, persons found indulging in cybercrime activity by using mobile phone(s) should not be permitted by issuing any SIM card in his name. 9. Considering the material on record as submitted with the report, I am of the considered view that the petitioner deserves to be subjected to certain restrictions for a period of three years. 10. 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:39352] (5 of 6) [CRLMB-12092/2025] 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, on certain conditions. 11. Thus, the instant bail application filed on behalf of applicant- accused Farid Khan S/o Shri Fakruddin Khan, 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 open or operate any bank account for a period of three years from date of release from prison. (iii) Before releasing petitioner, the trial court is directed to ensure that bank account as mentioned in report and operated by petitioner are freezed and no operation be permitted from these bank accounts for next three years. The trial court is at liberty to restore the property to the victims of cyber crime. (iv) The petitioner applicant shall not procure any SIM Card in his name and shall not use any SIM Card in name of any other person. (v) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:39352] (6 of 6) [CRLMB-12092/2025] (vi) 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. (vii) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled by learned Sessions Judge, Alwar on report by police through Public Prosecutor. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /199