CRLMB/9481/2026 of PRAKASH GURJAR S/O NIRBHAY SINGH GURJAR Vs STATE OF RAJASTHAN on 7 August 2026

1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 19.05.2026 passed by learned Sessions Judge Bharatpur, District-Bharatpur, in Bail Application No. 256/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.29/2025, Cyber Police Station-Bharatpur, Distt. Bharatpur, for the offences under Section 318(4), 318(2), 316(2), 61(2) of the BNS, 2023 and Section 66C and 66D Information Technology (Amendment) Act, 2008.

2. Learned counsel for the petitioner submits that there are no criminal antecedents of the petitioner of having committed any offences of similar or any other nature in the past.

(2 of 3) [CRLMB-9481/2026]

3. Learned counsel for the petitioner submits that Rs.50,000/- were credited in the account of the petitioner, which is said to have been transferred by one Gopal.

4. Learned counsel for the petitioner submits that the challan has been filed, trial will take sufficiently long time and even the offences are triable by Magistrate, and therefore, he prays that the petitioner be enlarged on bail as the accused is in custody since 10.05.2026.

5. Learned Public Prosecutor vehemently opposes the bail application.

6. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

7. Without expressing any opinion on the merits of the case and upon consideration of the arguments advanced that there are no criminal antecedents against the petitioner of having committed any offences of similar or any other nature in the past; in the statement of one Bheem Singh under Section 180, BNSS, 2023 it has been recorded that only Rs.50,000/- has been credited in the account of the petitioner, and the same has found to be proceeds of crime; trial will take considerable long time; challan has already been filed and even the offences are triable by Magistrate, therefore, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

8. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Prakash Gurjar S/o Nirbhay Singh Gurjar arrested in connection with F.I.R. No.29/2025, Cyber Police Station-Bharatpur, Distt. Bharatpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/

(3 of 3) [CRLMB-9481/2026] (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 to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional 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 42/JUBIN