Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 8883 (RAJ)

HARKESH @ SAGAR SON OF RAMSWAROOP v. STATE OF RAJASTHAN

CRLMB/6701/2026 · 2026-06-16

Bipin Gupta V J

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:23247] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6701/2026 Harkesh @ Sagar Son Of Ramswaroop, Aged About 23 Years, Resident Of Pala Ka Bas Bighota, Police Station Tahla, District Al- war. (At Present Petitioner Is Confined In Sub Jail Bandikui, District Dausa.) ----Accused/Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ashok Kumar Bairwa For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE BIPIN GUPTA (V. J.) Judgment / Order 16/06/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 17.04.2026 passed by the learned Additional Sessions Judge No.01, Bandikui, District-Dausa, in Criminal Misc. Bail Application No.85/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.36/2026, Police Station-Bandikui, District-Dausa, for the offences under Sections 318(4), 319(2), 61(2) of BNS, 2023 and Section 66D of the Information Technology (Amendment) Act, 2008. 2. Learned counsel for the petitioner submits that the petitioner has two criminal antecedents; however, only one of them is of a similar nature. He further submits that there are three complaints against the present petitioner on the National Cyber Crime [2026:RJ-JP:23247] (2 of 3) [CRLMB-6701/2026] Reporting Portal, and the total amount involved therein is approximately Rs. 43,000/-. 3. Learned counsel for the petitioner submits that the challan in the case has already been filed. Moreover, the conclusion of trial will take sufficiently long time and even the offences are triable by the Magistrate, therefore, he prays that the petitioner may be enlarged on bail as the accused has been in custody since 08.04.2026. 4. Learned Public Prosecutor vehemently opposes the bail application. 5. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 6. Without expressing any opinion on the merits of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be allowed. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Harkesh @ Sagar Son Of Ramswaroop arrested in connection with F.I.R. No.36/2026, Police Station Bandikui, District Dausa, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that he shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioner shall not leave country without the permission of the Court; [2026:RJ-JP:23247] (3 of 3) [CRLMB-6701/2026] (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (iv) In the event the petitioner is found involved in any other cyber fraud case in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein. (BIPIN GUPTA (V. J.)),J 4/MAHIMA