HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IIIrd Bail Application No. 12724/2025 Mohammad Arshiyan S/o Mohammad Shahid, Aged About 24 Years, R/o 88-82, Chamanganj, Kanpur, Police Station Chamanganj, District Kanpur, Uttar Pradesh. (Presently Confined In Centre Jail At Jaipur). ----Petitioner Versus The State Of Rajasthan, Through Its Pp ----Respondent For Petitioner(s) : Mr. Anshuman Saxena Mr. Vishal Gurjar Mr. Heera Lal Prajapat For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 10/11/2025 1. The instant third bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 411/2024 registered at Cyber Police Station, Commissioner of Police-Crime Jaipur Commissionerate for the offence(s) under Sections 319(2), 318(4), 316(2), 308(2) and 61(2)(B) of BNS and Sections 66-C, 66-D of IT Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that first bail application of the petitioner was dismissed as withdrawn vide order dated 24.03.2025. It is also contended that other co-accused Mohd. Wasif @ Samir, Shakib Umar @ Danish, (2 of 4) [CRLMB-12724/2025] Mohd. Amir Rajja have already been enlarged on bail by this court vide order dated 24.03.2025. It is alleged against the petitioner that he alongwith the other co-accused extorted nine lakh rupees from the complainant. It is further contended that police after investigation concluded that petitioner's account was used and petitioner provided his account on commission basis to the other co-accused. It is also contended that there are no criminal antecedents against the petitioner. The charge-sheet was filed on 19.02.2025 and charges were framed on 27.05.2025, thereafter only two witnesses have been recorded out of 46 cited witnesses. The offences alleged to have been committed by the petitioner are triable by Magistrate, therefore considering the long incarceration of the petitioner and the fact that there is no probability of culmination of trial in near future the third bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the second bail application of the petitioner was dismissed on merits in which the court observed that in the account of petitioner huge amount was deposited, therefore, considering the above facts, the third bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by the counsel for the petitioner and looking to the fact that accused-petitioner is in custody since more than ten months and only two witnesses have been recorded out of 46 cited witnesses, till now. The trial of the case may take considerable time, there are no criminal (3 of 4) [CRLMB-12724/2025] antecedents against the petitioner, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Mohammad Arshiyan S/o Mohammad Shahid, in connection with FIR No. 411/2024 registered at Cyber Police Station, Commissioner of Police-Crime Jaipur Commissionerate shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned court concerned on all the dates of hearing and as and when called upon to do so. The concerned trial Judge shall verify the address and contact details of the sureties through concerned SHO before releasing the accused-petitioners on bail. 7. The accused-petitioner is directed to mark his presence on 25th in every two months till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court on the same day every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. 8. The accused-petitioner is also directed to submit his present address along with the mobile number to the concerned SHO within seven days of release and the concerned SHO shall verify the said address and the mobile number. In case if the petitioner (4 of 4) [CRLMB-12724/2025] changes his address or mobile number, he shall submit the same before the concerned SHO so also before the concerned learned trial court. 9. A copy of this order shall be sent to the concerned SHO for its strict compliance. (PRAVEER BHATNAGAR),J ashu/29