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2026 DAILYLAW 14519 (RAJ)

MOIN S/O SAHUN v. STATE OF RAJASTHAN

CRLMB/9432/2026 · 2026-08-17

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:32421] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9432/2026 CNR: RJHC020573542026 | URN: CRLMB / 17455U / 2026 1. Moin S/o Sahun, Aged About 20 Years, R/o Sablana, Police Station Kaman District Deeg (Raj.) (At Present Is Confined In Sub Jail Deeg) 2. Jahid S/o Israel, Aged About 22 Years, R/o Udaka, Ps Kaman District Deeg (Raj.) (At Present Is Confined In Sub Jail Deeg) 3. Sahil S/o Asmal, Aged About 21 Years, R/o Radhanagri, Ps Kaman District Deeg (Raj.) (At Present Is Confined In Sub Jail Deeg) 4. Talim S/o Vasir, Aged About 21 Years, R/o Radhanagari, Ps Kaman District Deeg (Raj.) (At Present Is Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through Its Pp ----Respondent For Petitioner(s) : Mr. Mohd Jameel Khan for Mr. Sanjay Khan For Respondent(s) : Mr. Naresh Gupta, PP HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 17/08/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 10.06.2026, passed by the learned Additional Sessions Judge, Kama, District-Deeg, in Criminal Misc. Case (CIS) No.817/2026, whereby the bail application of the petitioners was rejected in connection with F.I.R. No.256/2026, Police Station-Kama, District-Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) of the [2026:RJ-JP:32421] (2 of 3) [CRLMB-9432/2026] BNS, 2023, and Sections 66D of the Information Technology (Amendment) Act, 2008. 2. Learned counsel for the petitioners submits that the petitioners are falsely implicated in the FIR and there are no criminal antecedents against the petitioners of having committed any offence of similar or other nature in the past. He further submits that the allegation of amount involved against the petitioners-Moin, Jahid, Sahil and Talim are Rs.2099/-, Rs.61050, Rs.8650 and 35,000/- respectively, as reported in the Final Report. 3. Learned counsel for the petitioners submits that the challan has already been filed and the conclusion of trial will take sufficiently long time and even the offences are triable by the Magistrate, therefore, he prays that the accused-petitioners may be enlarged on bail as the accused-petitioners are in custody since 18.04.2026. 4. Learned Public Prosecutor vehemently opposes the bail application. 5. Heard learned counsel for the petitioners as well as 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 arguments advanced that the challan has already been filed, offences are triable by Magistrate; trial will take considerably long time and there are no criminal antecedents of having committed any offence of similar nature or any other nature in past; further considering the fact that amount involved against the petitioners are Rs.2099/-, Rs.61050/-, Rs.8650/- and 35,000/- respectively, therefore, this Court is of the opinion that [2026:RJ-JP:32421] (3 of 3) [CRLMB-9432/2026] the bail application filed by the petitioners deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners namely (i) Moin S/o Sahun, (ii) Jahid S/o Israel, (iii) Sahil S/o Asmal and (iv) Talim S/o Vasir arrested in connection with F.I.R. No.256/2026, Police Station-Kama, District-Deeg, shall be released on bail; provided each of them furnish 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 they 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 petitioners shall not leave country without the permission of the Court; (ii) The petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; (iii) The petitioners 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 petitioners are 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 24/JUBIN