[2025:RJ-JP:50578] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14920/2025 1. Kayam S/o Mahmooda, Aged About 27 Years, R/o Village Bhilamka, Police Station Deeg, District Deeg (Rajasthan) (At Present Confined In District Jail, Deeg). 2. Abbas S/o Mahmooda, Aged About 30 Years, R/o Village Bhilamka, Police Station Deeg, District Deeg (Rajasthan) (At Present Confined In District Jail, Deeg). 3. Mustkeem S/o Rajju, Aged About 22 Years, R/o Village Bhilamka, Police Station Deeg, District Deeg (Rajasthan) (At Present Confined In District Jail, Deeg). 4. Samim S/o Aseen, Aged About 23 Years, R/o Village Bhilamka, Police Station Deeg, District Deeg (Rajasthan) (At Present Confined In District Jail, Deeg). 5. Javed S/o Islam, Aged About 27 Years, R/o Village Sabalgarh, Police Station Jurehara, District Deeg (Rajasthan) (At Present Confined In District Jail, Deeg). ----Petitioners Versus State of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Hemendra Goyal For Respondent(s) : Ms. Aarti Sharma, Dy. G.A. HON'BLE MR. JUSTICE ANAND SHARMA Order 15/12/2025 1. Learned counsel for the petitioners, on instructions, seeks permission to withdraw this bail application qua petitioner No.4- Samim S/o Aseen with liberty to file the same after filing of charge-sheet. 2. Permission sought for is granted. 3. Accordingly, the present bail application is dismissed as withdrawn qua petitioner No.4-Samim S/o Aseen with the aforesaid liberty as prayed for. [2025:RJ-JP:50578] (2 of 3) [CRLMB-14920/2025] 4. This criminal miscellaneous bail application has been filed by the petitioners namely, Kayam S/o Mahmooda, Abbas S/o Mahmooda, Mustkeem S/o Rajju and Javed S/o Islam under Section 483 of BNSS, 2023 in respect of FIR No.315/2025 registered at Police Station Deeg, District Deeg for the offences punishable under Sections 317(2), 319(2), 318(4), 338, 336(3), 340(2), 308(2) and 61(2)(a) of the B.N.S., 2023 and 66D of the Information Technology (Amendment) Act, 2008. 5. Learned counsel for the petitioners submit that the petitioners have falsely been implicated in the FIR only on account of possessing the mobile phones, whereas no offence as alleged in the FIR has been committed by them. It is further submitted that there are no previous criminal antecedents of the petitioners and even no complaint has been made against them on Cyber Crime Portal, Helpline Number 1930. Despite that the petitioners have been unnecessarily implicated. It is further submitted that the offences alleged against the petitioners are triable by the Magistrate. Petitioners are behind the bars since 24.10.2025. The trial of the case will take considerable time, hence, learned counsel for the petitioners, prays for granting bail to the petitioners. 6. Learned Deputy Government Advocate has vehemently opposed the bail application. 7. Considered the submissions made at Bar. 8. In the light of above, where the offences alleged against the petitioners are triable by the Magistrate and as per the factual report submitted by the learned Public Prosecutor, there is no complaint of misuse of cyber fraud against the petitioners, and by [2025:RJ-JP:50578] (3 of 3) [CRLMB-14920/2025] looking to the fact that the petitioners are behind the Bars since more than one and half months, 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. 9. Accordingly, this Bail Application is hereby allowed. The accused-petitioners Kayam S/o Mahmooda, Abbas S/o Mahmooda, Mustkeem S/o Rajju and Javed S/o Islam, shall be released on bail in pursuance of FIR No.315/2025 registered at Police Station Deeg, District Deeg on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner 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. 10. A copy of this Order be placed on record on each connected bail applications. (ANAND SHARMA),J SOURAV /130