ABBUSHAMA S/O MOHAMMAD AMANULLAH v. STATE OF RAJASTHAN
CRLMB/3080/2026 · 2026-03-05
Anil Kumar Upman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5065 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5065 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:9505] (1 of 3) [CRLMB-3080/2026] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 3080/2026 Abbushama S/o Mohammad Amanullah, R/o J-364, H-2, Rakhi Market, Zakhira, Police Station Moti Nagar, West Delhi-110015, Presently Residing At Room No. 303, Hotel Sanjay Palace, In Front Of Moti Atal Polo Victory Cinema, Police Station Vid- hayakpuri, Jaipur, Rajasthan. (Presently Confining In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Kumar Sharma with Ms. Chhaya Sharma For Respondent(s) : Ms. Arti Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 05/03/2026
1. This third bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.103/2025 registered at Cyber Police Station, Commissionerate Jaipur for offences punishable under Sections 318(4), 319(2), 316(2), 111(2)(b) & 61(2)(b) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’), 2023 and Sections 66C & 66D of the Information Technology Act. After completion of investigation, police filed charge-sheet in this matter. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this Court vide order dated
18.08.2025. Thereafter, second bail application was filed on behalf
[2026:RJ-JP:9505] (2 of 3) [CRLMB-3080/2026] of the petitioner however, same was also dismissed as withdrawn by this Court vide order dated 15.10.2025 while giving liberty to renew the prayer for bail after recording testimony of the Investigating Officer. Now, Investigating Officer has been examined during the course of the trial thus, this third bail application has been filed on behalf of the petitioner. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that no cogent evidence is available on record showing involvement of the petitioner in the alleged crime. Counsel submits that only allegation against the petitioner is that Rs.35,00,000/- were deposited in his bank account but admittedly, no investigation was done by the Investigating Agency in this regard and same has been admitted by the Investigating Officer during his cross-examination. It has further been admitted by the Investigating Officer that no evidence is available on record to establish that the petitioner, through his Telegram ID, made any demand from any person to deposit money in his bank account. It is submitted that co-accused namely Pawan S/o Dharampal Goyal has already been granted benefit of bail by this Court vide order dated 13.02.2026. He argues that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that the petitioner is in custody since 21.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions advanced on behalf of the petitioner. [2026:RJ-JP:9505] (3 of 3) [CRLMB-3080/2026]
5. I have considered the contentions. 6.
Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the material available on record in the form of charge-sheet, as also the fact that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this third bail application. 7. This third bail application is accordingly allowed and it is
directed that accused-petitioner - Abbushama S/o Mohammad Amanullah shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /73