Allowed

Javed S/O Muddin v. State of Rajasthan

Rajasthan HC21 Oct 2024CRLMB/10585/2024

Case brief

AI extract

What is this about?

This order grants bail to six accused petitioners in second bail applications connected with an FIR for online fraud offences. The High Court released them on bond without expressing an opinion on the merits of the case.

What did the court decide?

Petitioners released on bail via personal bond of Rs. 1,00,000/- each with two sureties of Rs. 50,000/-, with stipulation against public celebration of release.

Javed S/O Muddin Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JP:44029]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc. Bail Application No. 10585/2024

¶4

Javed S/o Muddin, Aged About 19 Years, R/o Khoh, Presently Resident Of Village Lalpur, Police Station Kaman, District Deeg. (At Present Accused Petitioners Confined In Sub Jail Deeg).

¶5

Abujar S/o Mubarik, Aged About 19 Years, R/o Lalpur, Police Station Kaman, District Deeg. (At Present Accused Petitioners Confined In Sub Jail Deeg).

¶6

----Petitioners

¶7

Versus

¶8

State of Rajasthan, Through PP

¶9

----Respondent

¶10

Connected With

¶11

S.B. Criminal Misc. Second Bail Application No. 12843/2024

¶12

Sahil S/o Pahlu, Aged About 20 Years, R/o Paldi Police Station Kaman, District Deeg. (At Present Confined In Sub Jail Deeg).

¶13

Fakru S/o Mauj Khan, Aged About 45 Years, R/o Jaghawali, Police Station Shergarh, District Mathura (U.p.) (At Present Confined In Sub Jail Deeg).

¶14

Irsad S/o Umar Mohammad, Aged About 36 Years, Radhanagri, Police Station Kaman, District Deeg. (At Present Confined In Sub Jail Deeg).

¶15

----Petitioners

¶16

Versus

¶17

State of Rajasthan, Through PP

¶18

----Respondent

¶19

S.B. Criminal Misc. Second Bail Application No. 12844/2024

¶20

Mustak S/o Asraf, Aged About 35 Years, R/o Paldi Police Station Kama, District Deeg. (At Present Confined In Sub Jail Deeg).

¶21

Iliyash S/o Buddh Singh, Aged About 34 Years, R/o Ramgarh Police Station Ramgarh District Alwar. (At Present In Sub Jail, Deeg).

[2024:RJ-JP:44029]

[CRLMB-10585/2024]

(2 of 4)

----Petitioners

Versus

State of Rajasthan, Through PP

¶28

----Respondent

¶29

For Petitioner(s)	: Mr. Ankit Khandelwal
	Mr. Anoop Kumar
	Mr. Harendra Singh
For Respondent(s)	: Ms. Aarti Sharma, PP

¶30

HON'BLE MR. JUSTICE GANESH RAM MEENA

¶31

Order

¶32

21/10/2024

¶33

These second bail application Nos. 12843/2024, 12844/2024 have been filed by the accused- petitioners under Section 483 of B.N.S.S. in connection with FIR No.429/2024 registered at Police Station Kaman, District Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2) & 61(2)(a) of BNS and Section 66D of I.T. (Amendment) Act, 2008.

¶34

The First Bail Application Nos. 9824/2024, 10225/2024 filed by the accused- petitioners was dismissed as withdrawn vide order dated 20.09.2024 with liberty to file fresh bail applications after filing of the challan.

¶35

The bail application No. 10585/2024 has been filed by the accused- petitioners under Section 483 of B.N.S.S. in connection with FIR No.429/2024 registered at Police Station Kaman, District Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2) & 61(2)(a) of BNS and Section 66D of I.T. (Amendment) Act, 2008.

(3 of 4)

[2024:RJ-JP:44029]

[CRLMB-10585/2024]

Learned counsels for the petitioners submit that the accusedpetitioners have been falsely implicated in this matter. Counsels further submit that the petitioners are in custody since long time. There is no more required for any kind of interrogation or recovery, therefore, the petitioners may be released on bail.

¶40

Learned Public Prosecutor has vehemently opposed the second bail applications and submits that the accused- petitioners are the prime accused of online fraud. 6. Considered the submissions made at Bar and also perused the challan papers.

¶41

Having regard to the submissions made by learned counsel for the accused-petitioners so also the fact that there is no other criminal case pending against the accused-petitioners, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.

¶42

Accordingly, these bail applications are allowed and it is directed that the accused-petitioners shall be released on bail provided that each of them shall furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

¶43

It has been brought to the notice of this Court that the accused-persons of particular areas, who are involved in the online fraud, after their release from a criminal case, celebrates

¶44

[2024:RJ-JP:44029] (4 of 4)

¶45

[CRLMB-10585/2024]

¶46

their release by public procession. Hence, taking into consideration the aforesaid aspect, a condition is imposed that the accusedpetitioners shall not celebrate their release in public and if they are found to be involved in celebrating their release in public, the State shall be at liberty to move the applications for cancellation of their bail.

¶47

(GANESH RAM MEENA),J

¶48

DIVYA SAINI /36-38

Javed S/O Muddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Javed S/O Muddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajay @ Ajjunath S/O Rajunath Vs State of Rajasthan

Ramcharan S/O Mohanlal Vs State of Rajasthan

Jagdish S/O Mahadev Vs State of Rajasthan

Bhanwer Singh Vs State

Balkishan Kushwah S/O Shri Madhosingh Kushwah Vs State of Rajasthan

Sanjay Kumar S/O Shri Sultana Ram Vs State of Rajasthan