CRLMB/7327/2026 of MUKESH KHAROL S/O SHRI SOORAJMAL KHAROL, Vs THE 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 15.04.2026, passed by the learned Sessions Judge No.2, District-Ajmer, in Criminal Misc. Case (CIS) No.399/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.85/2026, Police Station- Civil Lines, District-Ajmer for the offences under Sections 318(4), 319(2), 61(2)(a) of the BNS, 2023, and Sections 66 of the Information Technology (Amendment) Act, 2008.

2. Learned counsel for the petitioner submits that 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 merely on account of the statement of main accused namely Rakesh, the petitioner has been falsely implicated in the case. He further submits that petitioner is neither the account holder in which an amount of approximately Rs. 14,78,300/- has

(2 of 4) [CRLMB-7327/2026] been transferred nor any mobile number of the petitioner is connected in committing in cyber fraud.

3. Learned counsel for the petitioner submits that the challan has already been filed and the conclusion of trial will take sufficiently long time and even the offences 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 06.04.2026.

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 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; further, as per the allegation in the FIR, the accounts were checked and on checking on the account the account belonging to main accused Rakesh Kumar, he was found to have been involved in illegal transactions involving money obtained through Cyber Fraud. When he was apprehended and interrogated, the said Rakesh Kumar took the name of the present petitioner-Mukesh, stating that the Cyber Fraud was being committed by the present petitioner and he was only the account- holder, who had provided his account on the commission of 3%. This Court finds that the allegations are based on the statement of co-accused Rakesh Kumar, except for the statement of the co-

(3 of 4) [CRLMB-7327/2026] accused, there is nothing on record in the chargesheet to prima facie connect the present petitioner with the alleged offence. Therefore, this Court deems it appropriate to enlarge the petitioner on bail.

7. The observation made herein shall not come in the way of the learned trial Court during the trial and these are purely for the purpose of deciding the present bail application.

8. Consequently, the bail applications is allowed. It is ordered that the accused-petitioner namely Mukesh Kharol S/o Shri Soorajmal Kharol arrested in connection with F.I.R. No.85/2026, Police Station-Civil Lines, District-Ajmer, 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

(4 of 4) [CRLMB-7327/2026] before the learned trial Court for cancellation of the bail granted herein. (BIPIN GUPTA),J 9/JUBIN