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2026 DAILYLAW 10077 (RAJ)

TOHID S/O SAMAYDEEN v. STATE OF RAJASTHAN

CRLMB/10269/2026 · 2026-07-07

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:25382] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10269/2026 URN: CRLMB / 19019U / 2026 Tohid S/o Samaydeen, Aged About 24 Years, R/o Mahua @ Khurd, Police Station Malakheda, Alwar At Present Dholapalas, Police Station Malakheda, District Alwar. (At Present Confined In District Jail, Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mohd. Shakir Khan For Respondent(s) : Mr. Naresh Gupta, PP HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 07/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 25.06.2026 passed by the learned Additional District & Sessions Judge Brajnagar, District Deeg in Criminal Misc. Bail Application No.339/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.165/2026, Police Station Sikari, District Deeg for the offences under Sections 318(2), 318(3), 316(2), 319(2), 318(4), 338, 336(3), 339 & 61(2)(A) of BNS, 2023, Sections 66C & 66D of the Information Technology Act, 2000 & Section 42(3)(e) & 42(6) of Telecommunication Act. 2. Learned counsel for the petitioner submits that petitioner is in custody since 29.05.2026. He further submits that he is not named in the FIR. He further submits that the one co-accused [2026:RJ-JP:25382] (2 of 3) [CRLMB-10269/2026] namely Pankaj Singh Mehta was named in the FIR and who was main accused and he has been already enlarged on bail by Co-ordinate Bench of this Court vide order dated 15.06.2026 in S.B. Criminal Miscellaneous Bail Application No.8415/2026 before filing of challan itself. 3. Learned counsel for the petitioner further submits that case of the petitioner is on a better footing than that of the co-accused- Pankaj Singh Mehta. Therefore, the same benefit of bail may be enlarged to the petitioner. 4. Learned Public Prosecutor vehemently opposes the bail application. 5. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record. 6. Without expressing any opinion on the merits of the case and upon consideration of the submissions advanced, and particularly the fact that the petitioner is in custody since 29.05.2026. Challan has not been filed against the petitioner but the fact is that the co- accused-Pankaj Singh Mehta who was named in the FIR, was already granted bail before filing of the challan by Co-ordinate Bench of this Court vide order dated 15.06.2026 in S.B. Criminal Miscellaneous Bail Application No.8415/2026 and the case of the petitioner is on no lesser footing than that of the co-accused, rather it is on the better footing, this Court is of the opinion that the bail application deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Tohid S/o Samaydeen arrested in connection with F.I.R. No.165/2026, Police Station Sikari, District Deeg, shall be released on bail; provided he [2026:RJ-JP:25382] (3 of 3) [CRLMB-10269/2026] furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (iv) In the event the petitioner is found involved in any other cyber fraud case in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein. (BIPIN GUPTA),J 58/MAHIMA