CRLMB/8755/2026 of TARIF S/O SHRI SUBEDAR Vs STATE OF RAJASTHAN on 18 August 2026

1. The present bail application has been filed under Section 483 of BNSS, 2023 against the order dated 27.05.2026, passed by the learned District and Sessions Judge, Deeg, in Criminal Misc. Case (CIS) No.239/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.119/2026, Police Station-Khoh, District-Deeg for the offences under Sections 303(2), 308(2), 313, 317(2), 317(4), 317(5), 318(4), 319(2), 336(3), 338, 340(2) of the BNS, 2023, and Sections 66D of the Information Technology Act, 2000.

2. Learned counsel for the petitioner submits that the petitioner is falsely implicated in the FIR and there are no criminal antecedents against the petitioner of having committed any offence of similar or other nature in the past. He further submits that allegation against the petitioner is that the complainant police

(2 of 3) [CRLMB-8755/2026] officer found the present petitioner using a mobile and on checking the mobile it was found that there are certain adds of giving jobs for pen and pencils. Learned counsel for the petitioner submits that no one was cheated. He further submits that one complaint was on national portal by one victim Bhawesh Guru Dutt was reported, who was also declined to give any statement before the police under Section 180 BNS, 2023.

3. Learned counsel for the petitioner submits that the challan has already been filed; the conclusion of trial will take sufficiently long time and even the offences other than 317(4) are triable by the Magistrate, therefore, he prays that the accused-petitioner may be enlarged on bail as the accused-petitioner is in custody since 15.05.2026.

4. Learned Public Prosecutor vehemently opposes the 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 arguments advanced that the challan has already been filed; offences except 371(4) are triable by Magistrate; trial will take considerably long time; there are no criminal antecedents of having committed any offence of similar nature or any other nature in past; and further considering the fact that no one has come forward to give statement against the present petitioner till the filing of the chargesheet, therefore, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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7. Consequently, the bail applications is allowed. It is ordered that the accused-petitioner namely Tarif S/o Shri Subedar arrested in connection with F.I.R. No.119/2026, Police Station- Khoh, District-Deeg, 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 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 19/JUBIN