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2026 DAILYLAW 9551 (RAJ)

IRSHAD S/O FAJJAR v. STATE OF RAJASTHAN

CRLMB/5861/2026 · 2026-07-01

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:24121] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5861/2026 URN: CRLMB / 10475U / 2026 1. Irshad S/o Fajjar, Aged About 30 Years, R/o Village Nangal, Police Station Kaithwara, District Deeg (Rajasthan) (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 19.03.2026). 2. Shakil S/o Harun, Aged About 21 Years, R/o Village Unchki, Police Station Kaithwara, District Deeg (Rajasthan) (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 19.03.2026). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anuj Rohila Mr. Shubham Rohila For Respondent(s) : Mr. Vivek Sharma, AGA HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 01/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 06.04.2026 passed by the learned Additional Sessions Judge, Kama, District Deeg, in Bail Application No.487/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.31/2026, Police Station-Kaithwara, for the offences under Sections 318(4) 338, 336(3), 340(2), 61(2)(A) of the BNS, 2023 and Section 66D of the Information Technology (Amendment) Act, 2008. [2026:RJ-JP:24121] (2 of 3) [CRLMB-5861/2026] 2. Learned counsel for the petitioners submits that there are no criminal antecedents of the petitioners of having committed any offence of similar or any other nature in past. 3. Learned counsel for the petitioners submits that the challan has already been filed in the present case. 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 19.03.2026. 4. Learned Additional Government Advocate vehemently opposes the present bail application. 5. Heard learned counsel for the petitioners as well as 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 there are no criminal antecedents ; offences are triable by the Magistrate ; challan has already been filed and the trial will take considerable time, this Court is of the opinion that the present bail application filed by the petitioners deserves to be allowed. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners namely (i) Irshad S/o Fajjar and (ii) Shakil S/o Harun, arrested in connection with F.I.R. No.31/2026, Police Station-Kaithwara, 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, [2026:RJ-JP:24121] (3 of 3) [CRLMB-5861/2026] 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 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 33/JUBIN