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2025 DAILYLAW 47810 (RAJ)

VISHNU SHARMA S/O SHRI RAMSWAROOP SHARMA v. STATE OF RAJASTHAN

CRLMB/9925/2025 · 2025-11-11

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:44949] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9925/2025 Vishnu Sharma S/o Shri Ramswaroop Sharma, Aged About 25 Years, R/o Palsala Mohalla, Village Shayamsinghpura, Tehsil Baswa, Police Station Kolwa, Dausa, Rajasthan, Presently Residing At House No 37, Kehsav Park, Jamdoli, Police Station Jamdoli, Jaipur, Rajasthan. (At Present Confined At Central Jail Ghatgate, Jaipur). ----Applicant Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Krishan Chander Sharma Mr. Adarsh Singhal, Amicus Curiae For Respondent(s) : Mr. Bharat Vyas, ASG with Ms. Neeti Jain Bhandari & Mr. Harshvardhan Katara Mr. Rajesh Choudhary, GA cum AAG with Mr. Rishi Raj Singh Rathore, PP Mr. Aman Agarwal, PP Mr. Rajeev Sharma, DGP, (through VC) Mr. Sachin Mittal, Commissioner of Police Mr. Manish Agrawal, Add. C. P. Jaipur Mr. Vikas, DIG Cyber Mr. Shantanu SP Cyber HON'BLE MR. JUSTICE SAMEER JAIN Order Reserved on 28/10/2025 Pronounced on 11 /11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 113/2025 registered at Police Station Cyber Thana Commissionerate Jaipur for the offence(s) [2025:RJ-JP:44949] (2 of 4) [CRLMB-9925/2025] under Sections 318(4), 61(2)(b) of BNS, 2023 & Section 66D of IT (Amendment) Act, 2008. 2. Learned counsel for the accused–applicant had submitted that the applicant is 25 years of age and has no criminal antecedents registered against him. It was contended that the applicant has been falsely implicated in the present matter. It was further submitted that the FIR in question was lodged by the police authorities themselves and not by the victim or the complainant, and thus, the same is based merely on presumption and assumption. 3. It was also urged that the alleged amount was withdrawn from the bank account of the applicant himself. Learned counsel further submitted that the offences alleged are triable by the Court of a Judicial Magistrate First Class. It was submitted that the applicant has been in custody since 25.07.2025, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. The applicant is willing to abide by all such conditions as may be imposed by this Court. 4. Per contra, learned counsel appearing for the non-applicant- State have vehemently opposed the instant bail application, and have endorsed the submissions noted in order dated 11.11.2025 passed in S.B. Criminal Miscellaneous Bail Application No. 9343/2025 qua lis at hand. It was urged that the directions and conditions as imposed in S.B. Criminal Miscellaneous Bail Application No. 9343/2025 (supra), be imposed herein. 5. It was also submitted that the applicant is involved in organized criminal activities. It was alleged that the applicant has opened multiple bank accounts with the intent and objective of [2025:RJ-JP:44949] (3 of 4) [CRLMB-9925/2025] facilitating cyber frauds, in connivance with co-accused persons, the investigation of which is presently ongoing. It was further alleged that the applicant has been engaged in trading and gaming through crypto currency platforms, wherein the amounts routed through mule accounts have been withdrawn and siphoned off by him. Moreover, various online portals and reports indicate that multiple complaints, approximately 5–6 in number, have been registered in different States, and that the applicant has been indirectly associated with several bank accounts linked to such fraudulent activities. 6. Considering the submissions advanced by the learned counsel for the respective parties, and taking into account that the applicant is a young man with no criminal antecedents, and that he has been allegedly falsely implicated in the present matter; further considering that the offences in question are triable by the Court of a Judicial Magistrate First Class, and upon a perusal of the overall facts, circumstances, and material available on record, but without commenting upon the merits or demerits of the case, this Court is of the considered opinion that the applicant deserves to be enlarged on bail subject to the additional conditions as imposed in order dated 11.11.2025 (para numbers 19 to 28) passed in S.B. Criminal Miscellaneous Bail Application No. 9343/2025. It is made clear that the said order and conditions encapsulated therein shall be treated as a part and parcel of the present order. 7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Vishnu Sharma S/o Shri Ramswaroop Sharma shall be enlarged on bail [2025:RJ-JP:44949] (4 of 4) [CRLMB-9925/2025] provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J JKP/s-284