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2025 DAILYLAW 41152 (RAJ)

TOFEEK S/O FAKHRUDDIN @ FAKHRU v. STATE OF RAJASTHAN

CRLMB/13066/2025 · 2025-10-10

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:41491] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13066/2025 1. Tofeek S/o Fakhruddin @ Fakhru, Aged About 23 Years, R/o Village Pathwari, Police Station Jurhara, District Deeg. (At Present Confined In District Jail Deeg). 2. Sohil S/o Karim, Aged About 20 Years, R/o Village Goawadi, Police Station Jurhara, District Deeg. (At Present Confined In District Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Amit Kumar, PP with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/10/2025 1. Instant 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Tofeek S/o Fakhruddin @ Fakhru and Sohil S/o Karim seeking bail in respect of a criminal case registered as FIR No.202/2025 dated 28.06.2025 registered at P.S. Jurhera, District Deeg, for the offence under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 308(2), 313, 61(2)(a) of BNS, 66-D, 67-A of IT Act and Sections 3, 25(6) of Arms Act. 2. Instant 2nd application for bail is preferred after filing of charge-sheet, first bail application was dismissed as withdrawn on 26.08.2025. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the [2025:RJ-JP:41491] (2 of 3) [CRLMB-13066/2025] investigation against him is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants-accused from the jurisdiction of this Hon’ble Court. The applicants does not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 4. Learned counsel for applicants submits that there is no direct allegation against these applicants and only on basis of police interception, these applicants were arrested with their mobile phones and except recovery of mobile phones, no other recovery is effected from these applicants. He also submits that no independent witness was called by police before effecting search and seizure. 5. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On basis of search and seizure by police, a criminal case is registered and after investigation, a charge-sheet is filed. There is no criminal antecedents against the applicants. The allegation upon present applicants is indulgence in committing cyber crime and online cheating. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required [2025:RJ-JP:41491] (3 of 3) [CRLMB-13066/2025] 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 applicants-accused 9. Thus, the instant 2nd bail application filed on behalf of applicants-accused Tofeek S/o Fakhruddin @ Fakhru and Sohil S/o Karim, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount by each of them to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /04