Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44338] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11211/2025
1. Vikas Kumar S/o Komal Saini, Aged About 21 Years, R/o Ladam Sarai, Sambhal, U.p. (At Present Confined In District Jail Jhunjhunu)
2. Rajpal Singh S/o Gajram Sing, Aged About 27 Years, R/o Mahmudpur Mafi, Tehsil Bilari, Moradabad, U.p. (At Present Confined In District Jail Jhunjhunu). ----Petitioners Versus C.B.I., Through Special PP ----Respondent For Petitioner(s) : Mr. Bhanu Prakash Sharma For State For Complainant : : Mr. Pradeep Kumar Choudhary, SPP, CBI Mr. Nisheeth Dixit HON'BLE MR. JUSTICE SAMEER JAIN
Order 04/11/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 03/2024 registered at Cyber Police Station (Jhunjhunu) District Jhunjhunu for the offence(s) under Sections 384, 420, 406, 388 IPC and Section 66- D of IT (Amendment) Act, 2008.
2.
Learned counsel for the accused-applicants has submitted that applicants are sole bread earners of their family aged 21 and 27 years respectively. It is further submitted that applicants are having no criminal antecedents registered against themselves and have been falsely implicated in the matter. It is
[2025:RJ-JP:44338] (2 of 3) [CRLMB-11211/2025] also submitted that directly or indirectly, neither they were beneficiaries nor in contact with the complainant/victim in question. Further, it is submitted that charge-sheet has been filed and one of co-accused-Santosh has already been granted bail vide
order dated 18.09.2025 by Coordinate Bench of this Court. It is submitted that matter is triable by Magistrate.
3. Per contra, learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. It is submitted that matter pertains to organized cyber crime. It is also submitted that accused-applicants are categorized handlers and they have active participation in the case in hand, wherein on account of digital arrest, a sum of Rs. 7.50 crores approx. has been siphoned out under threat and coercion. Further, it is submitted that on account of absconding of material co-witness, investigation is still ongoing and releasing the accused-applicants at this stage, will hamper the same. In this regard, learned counsel for the complainant has relied upon the judgment of the Hon'ble Supreme Court in Suo Moto Writ Petition (Criminal) No(s). 3/2025 in Re: Victims of Digital Arrest related to Forged Documents, and Sandeep alias sonu v. State of Government of NCT of Delhi: SLP (Crl.) No. 18192/2024, wherein it is held that even after lapse of 2.5 years, handlers and in such type of cases, strict view has been taken by the Supreme Court.
4. Considering the arguments advanced by the counsel for the parties, considering that the offence herein shall has writ large effect; that there is a plausibility that if released on bail the applicants might hamper the investigation and persuade the
[2025:RJ-JP:44338] (3 of 3) [CRLMB-11211/2025] witnesses; that the ratio encapsulated in Re: Victims of Digital Arrest related to Forged Documents (supra) and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the bail application of the accused-applicants.
5. Accordingly, the bail application under Section 483 BNSS is dismissed.
(SAMEER JAIN),J Pooja /246