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2026 DAILYLAW 9452 (RAJ)

LUKMAN S/O RASEED v. STATE OF RAJASTHAN

CRLMB/5964/2026 · 2026-07-03

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:24819] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5964/2026 URN: CRLMB / 10643U / 2026 1. Lukman S/o Raseed, Aged About 28 Years, R/o Village Gadhi Mewat, Police Station Khoh, District Deeg (Rajasthan) (At Present Accused Is Confined In District Jail Deeg). 2. Sahil S/o Nawab @ Nabba, Aged About 22 Years, R/o Village Kalyanpur, Police Station Khoh, District Deeg (Rajasthan) (At Present Accused Is Confined In District Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Arafat Hussain Mr. Amit Shekhawat Mr. Shivam Sharma For Respondent(s) : Mr. Naresh Gupta, P.P. 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 09.04.2026 passed by the learned District and Session Judge, Deeg, Raj. in Criminal Misc. Bail Application No.116/2026, whereby the bail application of the petitioners was rejected in connection with F.I.R. No.71/2026, Police Station Khoh, District Deeg for the offences under Section 303(02), 308(02), 313, 317(02), 317(04), 317(05), 318(04), 319(02), 336(03), 338, 340(02) of the BNS, 2023, and Section 66D of the Information Technology Act, 2000. [2026:RJ-JP:24819] (2 of 3) [CRLMB-5964/2026] 2. Learned counsel for the petitioners submits that there is no criminal antecedent against the present petitioners. 3. Learned counsel for the petitioners further submit that the challan in the case has already been filed and the conclusion of trial will take sufficiently long time and all the other offences except the offence under Section 317(04), BNS 2023, are triable by the Magistrate. He also submits that no offence under Section Section 317(04), BNS 2023 of habitually dealing in stolen property is made out as per the F.I.R. as well as as per the final report as there is no whisper anywhere of having been committed the said offence. Therefore, he prays that the petitioners may be enlarged on bail as the accused are in custody since 25.03.2026. 4. Learned Public Prosecutor vehemently opposes the bail application. 5. Heard learned counsel for the petitioner and learned Public Prosecutor 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 except Section 317(04), BNS 2023 are triable by Magistrate; the conclusion of trial is likely to take a considerable time; there are no criminal antecedents against the accused-petitioners and in the entire final report there is no whisper regarding the fact of having committed the offence of theft of any property, 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) Lukman S/o Raseed and (ii) Sahil S/o Nawab @ Nabba arrested in connection with [2026:RJ-JP:24819] (3 of 3) [CRLMB-5964/2026] F.I.R. No. 71/2026, Police Station Khoh, District Deeg shall be released on bail; provided each of them furnish 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 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 127/KRATIKA