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2026 DAILYLAW 5715 (RAJ)

AMIT KUMAR S/O MUKESH v. STATE OF RAJASTHAN

CRLMB/666/2026 · 2026-03-25

Sameer Jain

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:12637] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 665/2026 Kapil Kumar S/o Harendra Singh, Aged About 23 Years, R/o Jagdev Nagariya, Police Station Gaunda, District Aligarh (Uttar Pradesh) (At Present Confined In District Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 666/2026 Amit Kumar S/o Mukesh, Aged About 21 Years, R/o Itoli, Tehsil Raini, District Alwar. (At Present Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vipin Sharma Mr. Mohar Pal Meena For Respondent(s) : Mr. Vivek Sharma, PP Mr. Rajesh Kumar, SHO, Rajgarh, Alwar HON'BLE MR. JUSTICE SAMEER JAIN Order 25/03/2026 1. The instant bail applications have been filed under Section 483 of the BNSS, 2023 on behalf of the accused- applicants. The accused-applicants were arrested in connection with FIR No.442/2025 registered at Police Station Rajgarh, District Alwar for the offence(s) under Sections 317(2), 317(4), 318(2), 318(4), 112(2), and 61(2)(a) of the BNS, 2023, and Section 66D of the IT Act, 2000. 2. Learned counsel for the accused-applicants submits that the applicants have been in custody since 28.09.2025. It is submitted that a similarly situated co-accused has already been [2026:RJ-JP:12637] (2 of 3) [CRLMB-665/2026] enlarged on bail by the Coordinate Bench of this Court, and therefore, the principle of parity should be maintained as the case of the applicants stands on the same pedestal. It is further submitted that the present matter pertains to the recovery of a mere amount of approximately Rs. 61,000/-. Learned counsel further submits that the conclusion of the trial is likely to take a long time and no useful purpose would be served by keeping the applicants behind bars till the disposal of the case. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail applications. 4. The Investigating Officer has also marked his presence before the Court and apprised the Court regarding the allegations levelled against the applicants under the provisions of the Information Technology Act. It is submitted that in the instant matter, an organized cyber crime cartel was formed, wherein eight accused persons acted hand in glove to commit a serious financial fraud to the tune of approximately Rs. 3 crores. It is further submitted that the applicant, namely Kapil Kumar, is the mastermind of the said offence, actively operating mule accounts and coordinating with the other co-accused persons. Rebutting the applicant's claim of a minor recovery, it is submitted that the mere recovery of Rs. 61,000/- from the applicants is immaterial, as the substantial defrauded amount has been systematically distributed into the accounts of the co-accused persons, namely Sonia and Priya. Moreover, it is submitted that in matters pertaining to organized cyber crimes, the antecedents of the accused persons are uniquely reflected through the National Cyber Crime Reporting Portal (Registered through No.1930) and are not strictly governed [2026:RJ-JP:12637] (3 of 3) [CRLMB-665/2026] by general criminal jurisprudence. It is lastly submitted that in light of the financial fraud of such a grave nature, wherein amount to the tune of approximately Rs. 3 crores is involved, the applicants cannot claim parity with the co-accused who was enlarged on bail by the Coordinate Bench, as the co-accused had no criminal antecedents. 5. Having heard the arguments advanced by learned counsel for the parties, considering the gravity of the offence, and taking note of the fact that the allegations of massive organized cyber fraud involving approximately Rs. 3 crores have been levelled against the applicants; that the accused-applicant, namely Kapil Kumar, prima facie appears to be the mastermind operating multiple mule accounts; that a large number of ATM cards were recovered qua the applicants; that the accused persons have allegedly dealt with various victims across different forums in the country to execute the cyber fraud; that there are criminal antecedents registered against the applicant-Kapil Kumar, and considering the submission that criminal antecedents in organized cyber crimes must be evaluated through the National Cyber Crime Reporting Portal (Registered through No.1930) and are not strictly governed by general criminal jurisprudence, and looking to the overall facts and circumstances but without commenting on the merits/demerits of the case, this Court is not inclined to allow the bail applications of the accused-applicants. 6. Accordingly, the instant bail applications filed under Section 483 of the BNSS, 2023 stand dismissed. (SAMEER JAIN),J Pooja /81-82