[2025:RJ-JP:13142] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1800/2025 Mohammad Wasif @ Samir S/o Shri Mohammad Shamim, Aged About 22 Years, R/o 8/13 Fahimabad Labour Colony Chamanganj Kanpur Thana Chamanganj District Kanpur Uttarpradesh. (At Present Accused Confined In Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2581/2025 1. Mohammad Amir Rajja @ Amir S/o Shri Mohammad Fahim, Aged About 27 Years, R/o 99/223, Nalaroad, Chamanganj, Kanpur, P.S. Bajariya, District Kanpur (U.P.) (At Present Confined In Central Jail Jaipur (Raj.) 2. Mohammad Shakib Umar @ Danish S/o Shri Mohammad Yamin, Aged About 22 Years, R/o 81/138, Kuli Bazar, Kanpur, P.S. Badsahi Naka, District Kanpur (U.P.) (At Present Confined In Central Jail Jaipur (Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka, Adv. Mr. Aladeen Khan, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/03/2025 1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR [2025:RJ-JP:13142] (2 of 4) [CRLMB-1800/2025] No.411/2024, registered at Police Station Cyber Police Station Commissionerate Jaipur, District Deputy Commissioner Police Jaipur Commissionerate Jaipur, for the offence(s) under Sections 319(2), 318(4), 316(2), 308(2) and 61(2)(b) of B.N.S. and Sections 66-D, 66-C of I.T. Act. 2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. It is contended that there are no substantive evidence available on record indicating the fact that the accused-petitioners in connivance with the other co-accused have deceived the complainant and extorted Rs.9,00,000/-. The said amount of Rs. Rs.9,00,000/- were transferred in the account of other co-accused Sabir Kathat and subsequently in the accounts of Mohhamad Arshiyan, Gajendra Singh and Haji Mohammad. The accused- petitioners are not the beneficiary of the said amount and they have not received any amount in their accounts. The accused- petitioners are named in the present case only on the basis of the disclosure statements of co-accused Mohammad Arshiyan and the other co-accused. The accused-petitioners are in custody since long and charge-sheet has already been produced, there are no criminal antecedents against the accused-petitioners. The offences alleged to have been committed by the accused-petitioners are exclusively triable by Magistrate and the trial of the case may take considerable time, therefore, the bail applications of the accused- petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail applications and submitted the factual report, the same is taken on record. [2025:RJ-JP:13142] (3 of 4) [CRLMB-1800/2025] 4. Heard and perused the material available on the record. 5. The direct allegation of receiving the amount from the complainants account is against co-accused Sabir Kathat, who subsequently transferred the said amount in the accounts of other co-accused namely- Mohammad Arshiyan, Haji Mohammad and Gajendra Singh. It is stated by the accused-petitioners that they have not received any amount in their accounts and they have been implicated in the present case solely on the basis of some WhatsApp chats which have taken place between present accused petitioners and co-accused Mohammad Arshiyan. Apart from the disclosure statement of co-accused Mohammad Arshiyan and the WhatsApp chats, there are no other substantive evidence available on record indicating the fact that the present petitioners have received the said amount in their accounts, there are no criminal antecedents against the accused-petitioners, the accused- petitioners are in custody since long, charge-sheet has already been produced and the matter is exclusively triable by Magistrate, therefore, considering the above facts, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. 6. Accordingly, these bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accused-petitioners namely; 1. Mohammad Wasif @ Samir S/o Shri Mohammad Shamim, 2. Mohammad Amir Rajja @ Amir S/o Shri Mohammad Fahim and 3. Mohammad Shakib Umar @ Danish S/o Shri Mohammad Yamin, in connection with FIR No.411/2024, registered at Police Station Cyber Police Station Commissionerate Jaipur, District Deputy Commissioner Police [2025:RJ-JP:13142] (4 of 4) [CRLMB-1800/2025] Jaipur Commissionerate Jaipur, shall be enlarged on bail provided each of them furnish 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 their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-26-27