Rajasthan High Court

CRLMB/10910/2026 of TOFIK S/O NETA KHAN Vs STATE OF RAJASTHAN on 18 August 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 10910/2026 CNR: RJHC020654522026 | URN: CRLMB / 20214U / 2026 Tofik S/o Neta Khan, Aged About 21 Years, R/o Alapur, Police Station Akbarpur, District Alwar (Raj.) (At Present Accused Petitioner Confined

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous 2nd Bail Application No. 10910/2026

CNR: RJHC020654522026 | URN: CRLMB / 20214U / 2026

Tofik S/o Neta Khan, Aged About 21 Years, R/o Alapur, Police Station Akbarpur, District Alwar (Raj.) (At Present Accused Petitioner Confined In Central Jail, Alwar).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Manish Gupta

For Respondent(s)

:

Mr. Rishi Raj Singh Rathore, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

(Through Video Conferencing)

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Order

18/08/2026

1. The instant second bail application has been filed under Section 483 BNSS by the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No. 11/2026 registered at Police Station Akhepura, District Alwar for the offences punishable under Sections 316(2), 318(2), 112(2) and 61(2) of BNS and Section 66D of the IT Act.

2. It is contended by learned counsel for the petitioner that the first bail application of the petitioner was dismissed vide order dated 16.04.2026. Thereafter, the material witnesses, namely, PW-1 Ankit, PW-2 Anshu Kumar and PW-3 Mayank have been examined by the learned Trial Court. He further contended that PW-3 Mayank in his cross-examination has specifically stated that he did not give his bank documents to the present petitioner. He

(2 of 3) [CRLMB-10910/2026] has also stated that he never met the present petitioner-Tofik physically. Through other persons he came to know that Tofik has misused his Bank account. It is contended that thus it is apparent from the statement of PW-3 Mayank, that the petitioner was not involved in committing the Cyber Crime.

3. It is also contended that PW-1 Ankit and PW-2 Anshu Kumar, have turned hostile and not deposed against the present petitioner. The other co-accused Sattar has already been enlarged on bail vide order dated 16.04.2026. The petitioner is behind the bars since 22.01.2026, the matter is exclusively triable by the Magistrate and there are no criminal antecedents against the petitioner. The further trial of the case may take considerable time and the age of the petitioner is between 18 to 19 years. Therefore, considering the above facts, the second bail application of the petitioner may be allowed.

4. Learned Public Prosecutor has vehemently opposed the bail application.

5. Heard learned counsels for the parties and perused the material available on record.

6. Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that the petitioner is behind the bars since 22.01.2026 and there are no criminal antecedents against the petitioner and the further trial of the case may take considerable time, without commenting on merits of the case, this Court deems it just and proper to allow the second bail application of the petitioner.

9. Accordingly, the second bail application of the accused- petitioner is hereby allowed and it is ordered that the accused-

(3 of 3) [CRLMB-10910/2026] petitioner Tofik S/o Neta Khan shall be released on bail in pursuance of FIR No. 11/2026 registered at Police Station Akhepura, District Alwar on furnishing a personal bond of Rs. 50,000/- along with two sureties of Rs. 25,000/-each to the satisfaction of the learned Trial Judge for his appearance before the Court on each and every date of hearing and whenever called upon to do so. (PRAVEER BHATNAGAR),J 14/Devanshi Upadhyay

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