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2026 DAILYLAW 3605 (RAJ)

IMRAN S/O SAMSU v. STATE OF RAJASTHAN

CRLMB/2849/2026 · 2026-03-16

Ravi Chirania

body2026

Judgment text

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[2026:RJ-JP:10949] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2849/2026 1. Imran S/o Samsu, Aged About 30 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). 2. Arsan S/o Samsu, Aged About 20 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). 3. Jafir S/o Asraf, Aged About 23 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). 4. Aasin S/o Asraf, Aged About 27 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). 5. Anish S/o Asraf, Aged About 26 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). 6. Iklash S/o Samsu, Aged About 38 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). 7. Parvej S/o Samsu, Aged About 20 Years, R/o Village Hai- vataka, Police Station Gopalgarh, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. Vijay Singh Yadav, P.P. with Mr. Shubham Sain, AAAG Mr. Kailash Chand Bishnoi, IG Bharat- pur Mr. Sharan, S.P., Deeg Mr. Maneesh Sharma, SHO, Gopal- garh Mr. Bharat Singh, SHO, Kaman [2026:RJ-JP:10949] (2 of 6) [CRLMB-2849/2026] HON'BLE MR. JUSTICE RAVI CHIRANIA Order 16/03/2026 1. This second bail application has been filed by the petitioners Imran S/o Samsu, Arsan S/o Samsu, Jafir S/o Asraf, Aasin S/o As- raf, Anish S/o Asraf, Iklash S/o Samsu & Parvej S/o Samsu, who were arrested by the police in connection with the FIR No.151/2025 registered at Police Station Gopalgarh, District Deeg for the offences punishable under Sections 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2), 308(2), 61(2)(a) of BNS and Section 66-D of the Information Technology Act. The bail applica- tion of the petitioners was rejected by the Learned Additional Ses- sions Judge Kaman, District Deeg by order dated 09.02.2026. 2. Learned counsel submitted that the first bail application was withdrawn by the petitioners vide order dated 17.12.2025 with lib- erty to file a fresh bail application after filing of the charge-sheet, thereafter, the petitioners have preferred this second bail applica- tion under Section 483 of B.N.S.S.. 3. Learned counsel after arguing for sometime seeks per- mission to withdraw the misc. bail application qua accused- petitioner No.2 – Arsan S/o Samsu with liberty to file fresh after recording the statement of the Investigating Officer. 4. Accordingly, the misc. application qua accused-petitioner No.2 Arsan is dismissed as withdrawn with liberty as prayed for. 5. Learned counsel submitted that the Police after completing the investigation filed the charge-sheet. Learned counsel further submitted that the allegations levelled against them are petty in nature and they have not committed any serious crime as alleged [2026:RJ-JP:10949] (3 of 6) [CRLMB-2849/2026] under the Information Technology (Amendment) Act, 2008 and many of them are not having the criminal antecedents. In view thereof, learned counsel prayed that the accused-petitioner Nos.1, 3 to7 be enlarged on bail. 6. Mr. Kailash Chand Bishnoi, IG Bharatpur, Mr. Sharan, S.P., Deeg, Mr. Maneesh Sharma, SHO, Gopalgarh & Mr. Bharat Singh, SHO, Kaman present in person before the Court in terms of the order dated 23.02.2026. 7. Learned Public Prosecutor and the Officers present in person strongly opposed the bail application and informed this Court about the cyber frauds/crimes occurring in the range Bharatpur. They further submitted that necessary actions are being taken to control the crimes, however, they are facing certain challenges in coping up with the digital challenges. Necessary SOPs have also been issued to the Investigating Officers to ensure that investiga- tion are conducted in a proper manner. 8. This Court interacted with the IG, Bharatpur, who assured the Court that the Investigating Officers will be provided further training and necessary SOPs. 9. This Court, after considering the charge-sheet, nature of al- legations as reported in the FIR, petitioners are behind the bar since long, the overall facts and circumstances and without com- menting upon merits of the matter, is inclined to exercise its power under Section 483 B.N.S.S. and deems it just and proper to enlarge the accused-petitioners Imran S/o Samsu, Jafir S/o Asraf, Aasin S/o Asraf, Anish S/o Asraf, Iklash S/o Samsu & Parvej S/o Samsu, on bail. [2026:RJ-JP:10949] (4 of 6) [CRLMB-2849/2026] 10. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-petitioners - (i) Imran S/o Samsu, (ii) Jafir S/o Asraf, (iii) Aasin S/o Asraf, (iv) Anish S/o Asraf, (v) Iklash S/o Samsu & (vi) Parvej S/o Samsu shall be released on bail on the following conditions:- 1. Each of the accused-petitioners shall furnish a personal bond in the sum of Rs. 1,00,000 with two sound and solvent sureties of Rs 50,000 each to the satisfaction of the learned trial Court. 2. Within 15 days from the date of this order, the accused-peti- tioners shall file an affidavit before the trial Court/ I.O. disclosing the following details: - (i) Movable and immovable assets which includes land, build- ings, vehicles, deposits, investments all bank accounts and digital wallets, UPI IDs cryptocurrency holdings etc. allegedly used in commission of the offence or which the accused-petitioners have in their name. (ii) The accused-petitioners shall submit complete transaction statements of all of their active bank accounts, UPI IDs and digital payment instruments etc. after every 30 days till completion of the trial to the IO. 3. The accused shall not obtain/use any new SIM card, mobile phone or open new bank account etc. without the prior intimation to the Investigating Officer. 4. The accused-petitioners shall surrender his passport, if they have, before the trial Court immediately after being released on bail. The accused-petitioners shall not leave India without the prior permission of the trial Court. [2026:RJ-JP:10949] (5 of 6) [CRLMB-2849/2026] 5. The accused-petitioners shall not use any Virtual Private Net- work (VPN), TOR Browser, Proxy Server or any other form of anonymous network or identity masking technology without per- mission of IO. 6. The accused-petitioners shall submit to the Investigation Of- ficer a comprehensive list of all electronic devices in their posses- sion, including mobile phones, laptops, tablets, external hard disks and pen drive along with their IMEI numbers and serial numbers within 15 days of release under this bail order. 7. The accused-petitioners shall provide to the Investigating Of- ficer details of all social media accounts, e-mail accounts, domain registration, websites and online platforms operated or used by the accused-petitioners. 8. The accused-petitioners shall not create any social media account in the name of any person, domain name or website with- out the prior intimation to the Investigation Officer. 9. The accused-petitioners shall mark their presence before the concerned police station once in 15 days as fixed by the Investi- gating Officer and a register shall be maintained for the same by Investigating Officer. 10. In case of any change of residential address, the accused-pe- titioners shall immediately inform the Investigating Officer as well as the trial Court. 11. The accused-petitioners shall appear before the Investigating Officer whenever called upon and shall fully co-operate with the investigation. [2026:RJ-JP:10949] (6 of 6) [CRLMB-2849/2026] 12. The accused-petitioners shall not tamper with evidence, in- fluence witnesses or attempt to obstruct the investigation in any manner whatsoever. In case of breach of any of the above conditions, failure to provide above information or such other information as desired by IO, shall be treated as a violation of the bail conditions, & further if the accused-petitioners are found to be involved in similar such cases within three years from the date of passing of this order, the public prosecutor shall move an application for cancellation of bail. (RAVI CHIRANIA),J Monika/60