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[2026:RJ-JP:25008] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6835/2026 URN: CRLMB / 12360U / 2026 Mustaq S/o Ali Mohommad, Aged About 36 Years, R/o Kamilpur Patti Bhuruwas Sikri Police Station Sikri, District Deeg. (At Present Confined In District Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vafik Choudhary For Respondent(s) : Mr. Naresh Gupta, PP HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 06/07/2026
1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 16.04.2026 passed by the learned Additional Sessions Judge, District Deeg, in Criminal Misc. Bail Application No.217/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.119/2026, Po- lice Station – Sikri, for the offences under Sections 318(2), 318(4), 338, 61(2), 112(2) of the BNS, 2023 and Section 66, 66C, 66D of the Information Technology (Amendment) Act, 2008.
2.
Learned counsel for the petitioner submits that there are no criminal antecedents of the petitioners of having committed any offence of similar or any other nature in past.
3.
Learned counsel for the petitioner submits that there are three complaints registered against the present petitioner on the
[2026:RJ-JP:25008] (2 of 3) [CRLMB-6835/2026] National Cyber Crime Reporting Portal, and the total amount in- volved is approximately Rs.64,254/-
3.
Learned counsel for the petitioner further submits that the challan has already been filed in the present case. Moreover, the conclusion of trial will take sufficiently long time and even the offences are triable by the Magistrate. Therefore, he prays that the petitioner may be enlarged on bail as the accused-petitioner is in custody since 04.04.2026.
4. Learned Public Prosecutor vehemently opposes the present bail application.
5. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
6. Without expressing any opinion on the merits and demerits of the case and upon a consideration of the arguments advanced and particularly the fact that there are no criminal antecedents ; offences are triable by the Magistrate ; challan has already been filed and the trial will take considerable time, this Court is of the opinion that the present bail application filed by the petitioner de- serves to be allowed.
7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely - Mustaq S/o Ali Mohom- mad, arrested in connection with F.I.R. No.119/2026, Police Sta- tion – Sikri, shall be released on bail ;provided he furnishes a per- sonal 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
[2026:RJ-JP:25008] (3 of 3) [CRLMB-6835/2026] called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the per- mission 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 they are suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted 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 be- fore the learned trial Court for cancellation of the bail granted herein.
(BIPIN GUPTA),J 16/JUBIN