[2026:RJ-JP:24508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9868/2026 URN: CRLMB / 18282U / 2026 1. Manish Kumar S/o Shri Radheshyam, Aged About 27 Years, R/o Khalyaki Dhani Sajiya, P.s. Niwai, Sadar, Presently Near Chainpura Phatak, Maharajpura, Niwai, District Tonk. (At Present Confined In District Jail, Tonk). 2. Suresh S/o Shri Rajesh Kumar, Aged About 22 Years, R/o Gram Paagda, P.s. Uniyara, District Tonk. (At Present Confined In District Jail, Tonk). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Tanay Goyal For Respondent(s) : Mr. Vivek Sharma, Addl. G.A., Mr. Surjeet Tholiya, CI, Cyber P.S. Tonk HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 02/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 21.05.2026 passed by the learned Sessions Judge, Tonk, in Criminal Misc. Case (CIS) No.349/2026, whereby the bail application of the petitioners was rejected in connection with F.I.R. No.05/2026, Cyber Police Station Tonk, District Tonk for the offences under Sections 319(2), 318(4), 61(2)(A) of the BNS, 2023 and Section 66C and 66D of the Information Technology Act, 2000. 2. Learned counsel for the petitioners submits that the challan in the present case has already been filed. He further submits that [2026:RJ-JP:24508] (2 of 3) [CRLMB-9868/2026] only one previous case involving different offences was registered against Manish Kumar, and he has been acquitted in that case. He also submits that there are no criminal antecedents indicating that Suresh has committed any offence of a similar nature or any other offence. 3. Learned counsel for the petitioners further submits that the conclusion of trial will take sufficiently long time and even the offences are triable by the Magistrate, therefore, he prays that the petitioners may be enlarged on bail as the accused are in custody since 03.05.2026. 4. Learned Additional Government Advocate vehemently opposes the bail application. 5. Heard learned counsel for the petitioners and learned Additional Government Advocate 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, and particularly the fact that the challan in the case has already been filed ; there are no criminal antecedent against accused-petitioner of having committed any offence of similar nature ; trial will take sufficiently long time and even the offences are triable by the Magistrate, therefore, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners namely (i) Manish Kumar S/o Shri Radheshyam and (ii) Suresh S/o Shri Rajesh Kumar arrested in connection with F.I.R. No.05/2026, Cyber Police Station Tonk, District Tonk, shall be released on bail; provided they furnish a [2026:RJ-JP:24508] (3 of 3) [CRLMB-9868/2026] 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 they 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 petitioners shall not leave country without the permission of the Court; (ii) The petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; (iii) The petitioners 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 petitioners are 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),J 135/KRATIKA