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2025 DAILYLAW 43490 (RAJ)

JUNAID S/O SAMMI v. STATE OF RAJASTHAN

CRLMB/16319/2025 · 2025-12-18

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:51157] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16318/2025 1. Shahid S/o Islam, Aged About 32 Years, R/o Jarla Police Station Gopalgarh, District Deeg (Raj.) (At Present Confined In Sub Jail Deeg). 2. Kasib S/o Noor Mohammad, Aged About 25 Years, R/o Jarla Police Station Gopalgarh, District Deeg (Raj.) (At Present Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16319/2025 1. Junaid S/o Sammi, Aged About 21 Years, R/o Haivatka, Police Station Gopalgarh, District Deeg (Rajasthan) (At Present Confined In Sub Jail Deeg). 2. Imtiyaj S/o Sammi, Aged About 22 Years, R/o Haivatka, Police Station Gopalgarh, District Deeg (Rajasthan) (At Present Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khan Mr. Ravindra Kumar For Respondent(s) : Ms. Aarti Sharma, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANAND SHARMA Order 18/12/2025 1. These criminal miscellaneous bail applications have been filed by the petitioners under Section 483 of BNSS, 2023 in [2025:RJ-JP:51157] (2 of 3) [CRLMB-16318/2025] respect of FIR No.164/2025 registered at Police Station Gopalgarh, District Deeg for the offences punishable under Sections 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2), and 61(2)(a) of the B.N.S., 2023 and Section 66D of the Information Technology (Amendment) Act, 2008. 2. It has been submitted by the learned counsel for the petitioners that the petitioners have falsely been implicated in the instant case only on account of possessing mobile, whereas there is no specific complaint against them of committing cyber fraud. He submits that there are no criminal antecedents of the petitioners nor there is any complaint on National Cyber Crime Portal Helpline Number 1930 against the petitioners; the offences alleged against him are triable by the Magistrate; petitioners are behind the Bars since 23.11.2025; the trial of the case will take considerable time, consequently, he prays for granting them bail. 3. Learned Public Prosecutor has vehemently opposed these bail applications. 4. Considered the submissions made at Bar. 5. In view of the fact that where the charges alleged against the petitioners are triable by the Magistrate and the petitioners are behind the bars since 23.11.2025; there are no criminal antecedents of the petitioners nor there is any complaint on National Cyber Crime Portal Helpline Number 1930 against the petitioners and looking to the fact that the trial will take considerably long time, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioners on bail. [2025:RJ-JP:51157] (3 of 3) [CRLMB-16318/2025] 6. Accordingly, the Bail Applications are hereby allowed. The accused-petitioners Shahid S/o Islam, Kasib S/o Noor Mohammad, Junaid S/o Sammi and Imtiyaj S/o Sammi, shall be released on bail in pursuance of FIR No.164/2025 registered at Police Station Gopalgarh, District Deeg on each of them furnishing a personal bond of Rs. 1,00,000/- 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. (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) They shall regularly mark their 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-petitioners. (v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled. 7. A copy of this Order be placed on record on each connected bail applications. (ANAND SHARMA),J SOURAV /266-267