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2026 DAILYLAW 9822 (RAJ)

SHANKAR S/O BHAGCHAND v. STATE OF RAJASTHAN

CRLMB/6578/2026 · 2026-07-07

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:25254] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6578/2026 URN: CRLMB / 11849U / 2026 Shankar S/o Bhagchand, Aged About 20 Years, R/o Near Charbhuja Mandir, Peeplu, Police Station Peeplu, District Tonk. (At Present Confined In District Jail Tonk). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Sanjeev Sogarwal For Respondent(s) : Mr. Naresh Gupta, PP HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 07/07/2026 1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 22.04.2026 passed by the learned Sessions Judge, District-Tonk, in Criminal Misc. Case No.254/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.005/2026, Cyber Police Station, District-Tonk for the offences under Sections 319(2), 318(4) & 61(2)(A) of BNS, 2023 and Sections 66C & 66D of the Information Technology (Amendment) Act, 2008. 2. Learned counsel for the petitioner submits that there is no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature and four complaints have been registered against the present petitioner on the National Cyber Crime Reporting Portal but no complainant has come forward to give any statement before the [2026:RJ-JP:25254] (2 of 3) [CRLMB-6578/2026] Investigating Officer nor any victim has been listed as witness in the list of witness in charge-sheet. He further submits that co- accused Manish Kumar & Suresh have already been enlarged on bail by this Court vide order dated 02.07.2026. 3. Learned counsel for the petitioner further submits that the challan 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 is in custody since 08.04.2026. 4. Learned Public Prosecutor vehemently opposes the present 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 consideration of the submissions advanced, and particularly the fact that challan has been filed; the conclusion of trial is likely to take a considerable time; there is no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature, this Court is of the opinion that the present bail application deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Shankar S/o Bhagchand arrested in connection with F.I.R. No.005/2026, Cyber Police Station, District-Tonk, 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 [2026:RJ-JP:25254] (3 of 3) [CRLMB-6578/2026] 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; (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),J 15/MAHIMA