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2026 DAILYLAW 20016 (RAJ)

NANDVEER SAINI S/O RAMAVATAR SAINI v. STATE OF RAJASTHAN

CRLMB/15543/2025 · 2026-01-28

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:3719] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. IInd Bail Application No. 15543/2025 Nandveer Saini S/o Ramavatar Saini, Aged About 22 Years, R/o Plot No. 16, Near Galaxy Cinema, Ricco Industrial Area, Mansarovar, Jaipur (Rajasthan) (At Present Confined In District Jail, Jaipur). ---- Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Misc. IInd Bail Application No. 962/2026 Vinod Bairwa S/o Shri Mohanlal Bairwa, Aged About 23 Years, R/o Bairwa Ka Mohalla, Namukia Malpura, P/s Malpura, District Tonk (Raj.) (Accused Presently Confined At Central Jail, Ghatgate, Jaipur). ----Accused/Applicant Versus State Of Rajasthan, Through PP, Jaipur ----Respondent For Applicant(s) : Mr. Santosh Guria, Adv. with Mr. Rajendra Sharma, Adv. and Mr. Avinash Dhanju, Adv. Mr. Abhishek Parashar, Adv. For Respondent(s) : Mr. Devi Singh, Dy.G.A HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/01/2026 1. The first bail applications filed on behalf of the accused-applicants namely; Nandveer Saini and Vinod Bairwa were dismissed by this Court vide common order dated 24.06.2025 passed in S.B. Criminal Miscellaneous Bail Application Nos.1203/2025 and 2069/2025 respectively. [2026:RJ-JP:3719] (2 of 4) [CRLMB-15543/2025] 2. The present second bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.27/2025, registered at Police Station Shipra Path, Jaipur for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) of B.N.S., 2023 and Sections 66-C and 66-D of Information Technology (Amendment) Act, 2008 (hereinafter referred to as the 'Act of 2008'). 3. Learned counsel for the accused-applicants submit that the accused-applicants have falsely been implicated in this case and there is no criminal antecedent against them. Learned counsel further submit that the accused-applicants were arrested on 09.01.2025 and since then, both are behind the bars. Learned counsel also submit that both the accused-applicants are young persons, aged about 22-23 years; the trial is pending before the learned Additional Chief Judicial Magistrate No.4, Jaipur Metropolitan-I, which will take long time to conclude. Moreover, in this matter, the accused-applicants were arrested on 09.01.2025 i.e one day prior to the date of lodging of the FIR dated 10.01.2025 and the charges levelled against the accused- applicants are triable by Judicial Magistrate. Learned counsel for the accused-applicants furnish the statement of the complainant wherein, no incriminating evidence against the accused-applicants has been recorded, therefore, it is prayed that accused-applicants be granted benefit of bail. 4. Learned Deputy Government Advocate while vehemently opposing these second bail applications submits that the present [2026:RJ-JP:3719] (3 of 4) [CRLMB-15543/2025] matter pertains to commission of serious offence of cyber fraud, therefore, the accused-applicants should not be enlarged on bail. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Admittedly, in the present matter, the accused-applicants have been said to be the employees of one Nitin Jaswani and the allegations against them are that they were working in a call centre and prepared fake UPI IDs to induce and defraud several persons, however, no fraudulent amount was recovered from them. 7. Considering the overall facts and circumstances of the case; the period of custody of the accused-applicants; the fact that charges levelled against the accused-applicants are triable by Judicial Magistrate; that charge-sheet has been filed and the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the present second bail applications filed on behalf of the accused-applicants. 8. Consequently, the present second bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused-applicants namely (1) Nandveer Saini S/o Ramavatar Saini, (2) Vinod Bairwa S/o Shri Mohanlal Bairwa arrested in connection with FIR No.27/2025, registered at Police Station Shipra Path, Jaipur, shall be released on bail; provided each of them furnish personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court. [2026:RJ-JP:3719] (4 of 4) [CRLMB-15543/2025] Accused-applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 9. The accused-applicants are also directed to mark their presence in the third week of every month before the concerned Police Station, till conclusion of trial. SHO of the concerned Police Station shall send the presence report of the accused-applicants to the concerned trial Court every month. In case of any breach of the above condition, learned Deputy Government Advocate shall be free to move an application against the accused-applicants for cancellation of bail before the concerned Judicial Magistrate. 10. Copy of this order also be sent to the concerned SHO for compliance. 11. The statement of the complainant be taken on record. (ASHUTOSH KUMAR),J TANISHA /94-95