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2026 DAILYLAW 9404 (RAJ)

ISTAK S/O MAJID v. THE STATE OF RAJASTHAN

CRLMB/6606/2026 · 2026-07-03

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:24686] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6606/2026 URN: CRLMB / 11925U / 2026 1. Istak S/o Majid, Aged About 26 Years, R/o Gram Bhilmaka, Police Station Deeg District Deeg. (At Present Confined In Sub Jail Deeg). 2. Saruddin S/o Kamal, Aged About 38 Years, R/o Gram Bhilmaka, Police Station Deeg District Deeg. (At Present Confined In Sub Jail Deeg). ----Petitioners Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Surendra Singh For Respondent(s) : Mr. Vivek Sharma Addl. G.A. HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 03/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 13.04.2026 passed by the learned Additional District and Sessions Judge, Deeg in Criminal Misc. Bail Application No.102/2026, whereby the bail application of the petitioners was rejected in connection with F.I.R. No.68/2026, Police Station Deeg, District Deeg for the offences under Sections 303(2), 308(2), 313, 317(2), 319(2), 318(4), 338, 336(3), 340(4) and 61(2)(A) of BNS, 2023 and Section 66D of the Information Technology Act, 2000. 2. Learned counsel for the petitioners submits that there are no criminal antecedent and only three complaints have been registered against the present petitioners on the National Cyber [2026:RJ-JP:24686] (2 of 3) [CRLMB-6606/2026] Crime Reporting Portal, and the total amount involved is approximately Rs.52,000/-. 3. Learned counsel for the petitioners 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 petitioners may be enlarged on bail as the accused are in custody since 18.03.2026. 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 consideration of the submissions advanced, and particularly the fact that challan has been filed; all the offences are triable by Magistrate; the conclusion of investigation/trial is likely to take a considerable time; there are no criminal antecedents against the accused-petitioners of having committed any offence of similar nature or any other nature, this Court is of the opinion that the bail application deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners namely (i) Istak S/o Majid and (ii) Saruddin S/o Kamal arrested in connection with F.I.R. No. 68/2026, Police Station Deeg, District Deeg shall be released on bail; provided each of them 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 they shall appear [2026:RJ-JP:24686] (3 of 3) [CRLMB-6606/2026] 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 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),J 20/KRATIKA