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2025 DAILYLAW 40261 (RAJ)

VIKRAM SINGH S/O KAILASH CHAND v. STATE OF RAJASTHAN

CRLMB/14644/2025 · 2025-11-17

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46819] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 14644/2025 Vikram Singh S/o Kailash Chand, Aged About 22 Years, R/o Mal- rananchod Thana Malaranadungar District Sawai Madhopur (Ra- jasthan) (At Present Accused Confined In Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/11/2025 1 The 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Vikram Singh S/o Kailash Chand seeking bail in respect of a criminal case registered as FIR No.150/2025 dated 03.08.2025 registered at P.S. Soorwal, District-Sawai Madhopur, for the offence under Sections 318(4), 319(2), 316(2), 338, 111(2)(b), 336(3), 340(2) of BNS and 66-C, 66-D IT Act and under Section 13 of RPGO. 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. He also submits that the [2025:RJ-JP:46819] (2 of 5) [CRLMB-14644/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3 Learned Counsel for the applicant submits that the first bail application was dismissed as withdrawn on 04.09.2025 and now a charge sheet has been filed against the applicant. He further submitted that during investigation the statement of six witnesses were recorded by police and all six are police personnel of Police Station Soorwal, District Swai Madhopur. He also submits that the allegation upon present applicant is committing a cyber crime and online cheating but not a single complainant is attached by police so as to show that the applicant has committed any online cheating with a named complainant. He also submitted that not a single complaint is collected from cyber crime portal or 1930 to show that present applicant was involved in any cyber crime activity and a report is registered against the applicant. He further submits that the police has alleged that the applicant has committed cyber crime and online cheating with unknown persons but same is impossible. At last, he submits that present applicant is in custody since 03.08.2025. 4 Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5 Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6 On basis of a report lodged by Jayaprakash, SHO Police Station Soorwal, on the basis of interception and search of [2025:RJ-JP:46819] (3 of 5) [CRLMB-14644/2025] detained person Vikram Singh, he found that this applicant is involved in online betting, online cheating and transfer of money in illegal manner with fictitious identity. After registration of case as FIR 150/2025 on 03.08.2025 police has investigated the matter. During investigation police has collected statement from four bank accounts and filed a charge sheet against the applicant. The conclusion drawn by police clearly indicate that from 01.01.2024 to 03.08.2025 total ₹11,53,804.34 were deposited and Rs. 11,53,463.34 were withdrawn. The police has collected details from banks and except NSDL Bank, all other banks such as Bank of Baroda, Fino Payment Bank and SBI have shared their account details with police but a copy of charge sheet also indicate that police has also received statement from NSDL and also from Airtel Payments Bank. 7 The process of investigation clearly indicate that not a single complainant is placed on record by the police so that the allegations against present applicant can be proved. Similarly, the 4-5 bank accounts or wallets, operated by present applicant were collected by and SHO Police Station Soorwal without ensuring correctness of allegations of online cheating. It indicate that SHO has procured the details from banks and wallet operators, without any alleged complaint from private person. The commission of an offence is an act considered by the trial court on the basis of material available on record but procuring information about banks and wallets of any individual, that too at SHO level without [2025:RJ-JP:46819] (4 of 5) [CRLMB-14644/2025] verification, is something which is sufficient to point out the systematic flaw in the investigation. 8 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. 9 Thus, the instant bail application filed on behalf of applicant- accused Vikram Singh S/o Kailash Chand, 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 pun ishable 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:46819] (5 of 5) [CRLMB-14644/2025] 10 The Registry is directed to send a copy of this order to the Trial Court through E-mail. 11 Before parting the order, it is appropriate to call comments from the DGP/ADGP (cyber crimes), primarily dealing the cyber crime in the State about collection of information from banks account and wallet operators of any individuals and also blocking of such account or money in pursuant to information so received. 12 The comments be called and list this matter at 10.30 p.m. on 25.11.2025. 13 Office is directed to send a copy of this order to DGP, Rajasthan. (ASHOK KUMAR JAIN),J MONU /555-S