[2025:RJ-JP:41924] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.12640/2025 1. Nausad S/o Iqbal, Aged About 19 Years, R/o Jhenjhpuri, Police Station Kaithwada, District Deeg, Raj. (Presently Confined In Sub Jail Deeg). 2. Barkat S/o Iqbal, Aged About 25 Years, R/o Jhenjhpuri, Police Station Kaithwada, District Deeg, Raj. (Presently Confined In Sub Jail Deeg). ----Petitioners Versus State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Mr. Liyakat Khan For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioner in respect of F.I.R. No.71/2025 registered at Police Station-Kaithwara, District-Deeg for the offences punishable under Sections 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2), 308(2) & 61(2)(a) of B.N.S., 2023 and 66D & 66E of Information Technology Act, 2008. 2. Learned counsel for the petitioners submits that the alleged offences against the petitioners are triable by Magistrate. Allegations of sextortion or cyber fraud are not against the petitioners and only on account of recovery of sim cards, the petitioners have been arrested whereas their names have been [2025:RJ-JP:41924] (2 of 3) [CRLMB-12640/2025] included in the FIR only on the statements of co-accused, who were found indulged in sextortion and cyber fraud. They are behind the bars since 15.09.2025 and after recovery of sim, no other investigation is required to be made from the petitioners, hence they have prayed for granting the bail to the petitioners and have also relied upon order dated 20.05.2025 passed by the Co- ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.5898/2025, whereby Aasip, Arbaj & Nasir have been enlarged on bail. Hence, he prayed for granting the bail. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Considered the submissions made at Bar. 5. In the light of the fact that co-accused have already enlarged on bail and the allegations against the petitioners are with regard to possessing sim cards and the sim cards have already been recovered by the Investigating Officer and the trial against the petitioners is likely to take considerably long time, without making any comment over the merits of the case, I am inclined to grant bail to the petitioners. 6. Accordingly, the Bail Application is hereby allowed. The accused-petitioners Nausad S/o Iqbal & Barkat S/o Iqbal shall be released on bail in pursuance of F.I.R. No.71/2025 registered at Police Station-Kaithwara, District-Deeg on furnishing a personal bond of Rs.1,00,000/- each along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. [2025:RJ-JP:41924] (3 of 3) [CRLMB-12640/2025] (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. (iv) He shall regularly mark his attendance in the concerned Police Station on 25th day of every month. Concerned S.H.O shall maintain the register of attendance of the accused-petitioner. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. 7. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J DAKSH/154