[2026:RJ-JP:21368] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7868/2026 Junaid S/o Shri Anees, Aged About 19 Years, R/o Ansari Mohalla, City Sawai Madhopur, Police Station Kotwali, Tehsil District Sawai Madhopur. (At Present Accused Petitioner Confined District Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Majhar Hussain, Mr. Wasim Akiram For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/05/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 138/2026 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur for the offences under Sections 318(4), 319(2), 112(2) and 61(2) (a) of BNS and Section 66D of IT Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the main allegation of committing cyber fraud using the mobile is against the other co-accused Alfej. The entire amount of cyber fraud allegedly committed was deposited in the account of Shakeel, who is the father of co-accused Alfej. No recovery of any mobile phone or sim card were effected from the [2026:RJ-JP:21368] (2 of 3) [CRLMB-7868/2026] petitioner's possession. No amount was ever transferred in the account of the present petitioner. It is also contended that the petitioner has been involved solely on the basis of the interrogation note of the co-accused Alfej, who stated that the petitioner used to withdraw the amount through ATM and he paid commission for that. It is also contended that apart from the statement of the co-accused, there is no other substantive evidence available on record. The interrogation note of the co- accused is not admissible in the evidence against the petitioner. There are no criminal antecedents against the petitioner, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has submitted the factual report along with the criminal antecedents, the same is taken on record 4. Learned Public Prosecutor has vehemently opposed the bail application and contended that the recovery of sim containing No.7357169921 was effected from the other co-accused Alfej. In the investigation, it was revealed that Alfej committed cyber fraud and in the account of his father Shakeel, an amount of Rs.2,53,652/- was deposited. It is also contended that the petitioner was associated with Alfej and Alfej in his interrogation note has stated that the present petitioner used to withdraw the amount of using the ATM, which was in his possession and in lieu of that, he paid commission. Therefore, considering the aforesaid facts, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. [2026:RJ-JP:21368] (3 of 3) [CRLMB-7868/2026] 5. Considering the arguments advanced by learned counsel for the petitioner and more particularly the fact that apart from the disclosure statement of the co-accused, there is no substantive evidence available on record to the fact that the petitioner directly committed cyber fraud by using sim No. 7357169921. The recovery of sim was effected from the other co-accused Alfej, there are no criminal antecedents against the accused-petitioner. Therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Junaid S/o Shri Anees, in connection with FIR No. 138/2026 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/64