Soyab S/O Nijamudeen Vs the State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

Soyab S/O Nijamudeen Vs the State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Bail application under Section 483 BNSS allowed; accused-applicant Soyab S/o Nijamudeen to be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject additionally to the sixteen cyber-offence conditions (a)-(p) imposed by the court.

Issue for consideration

Whether the accused-applicant (young man of 22 years, charge-sheet filed, in custody since 20.09.2025, FIR lodged by police authorities) should be enlarged on bail under Section 483 BNSS. +1 more

Court's answer

Without commenting on merits or demerits of the case, and considering that the accused-applicant is a young man of 22 years, the charge-sheet has been filed, and he has been in custody since 20.09.2025, the court allowed the bail application and resolved to enlarge the applicant on bail.

Ratio / Principle

Enlargement on bail is conditional on the applicant furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the learned trial Judge, for appearance on all dates of hearing.

Key takeaways

Relying on the ratio and directions in SBCRLMB No. 9343/2025 (Mohit Vs. State of Raj.), sixteen additional conditions (a)-(p) are imposed in addition to the bond condition, covering banking restrictions and monthly statements, disclosure of bank accounts and digital payment wallets, use of a single non-smart phone and postpaid number with no VPN/proxy, abstention from social media, preservation of digital evidence, weekly appearance before the I.O. with daily IP/location messaging, disclosure of employment/income with quarterly affidavits, prohibition on cryptocurrency/virtual assets, non-association with cyber offenders, prohibition on online gaming/betting, cooperation in forensic investigations, pre-release compliance affidavit, discretionary community service, cyber-awareness sessions, PAN/income-tax compliance, and disclosure of household members' details - all prior to or during release as directed.ratio¶26
Observation that community service is a progressive and reformative tool balancing accountability with reintegration for young individuals drawn into cyber offences, emphasising reformation over retribution; the learned Trial Court may, in its discretion, direct the accused-applicant to undertake community service or participate in public awareness activities relating to cyber ethics or digital safety.obiter

Detailed headnote1 paragraphs

Bail granted under Section 483 BNSS (Jaipur HC, Sameer Jain, J., 27.11.2025) to Soyab s/o Nijamudeen, aged 22, accused in FIR No. 175/2025, P.S. Bahtu Kalan (Devi Dholagarh), District Alwar, for offences under Sections 319(2), 318(4), 316(2), 308(2) BNS and Section 66D of IT Act; charge-sheet filed and applicant in custody continuously since 20.09.2025. Enlargement ordered without commenting on merits/demerits, on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each. Placing reliance on the ratio and directions in SBCRLMB No. 9343/2025 (Mohit Vs. State of Raj.), the court additionally imposed sixteen cyber-offence bail conditions (a)-(p): confinement of transactions to one designated bank account with closure of other accounts and monthly statements to I.O./Trial Court; possible RBI advisory against opening new Aadhaar/PAN-linked accounts; disclosure of all bank accounts and digital wallets (Paytm, PhonePe, Google Pay) by affidavit; use of only one registered non-smart mobile phone and postpaid number, with no VPN, proxy networks or GSM-enabled computers; abstention from social media until conclusion of trial as deemed appropriate by Trial Court; no deletion/alteration of digital evidence; weekly appearance before the I.O. plus daily IP-address/location message with surprise verifications; disclosure of digital-transaction employment/business and quarterly income/assets affidavit; prohibition on cryptocurrency, anonymous payment systems and virtual assets; no association with cyber offenders or imparting cyber-offence knowledge/training; no online gaming, betting or gambling; cooperation in forensic investigations including consent to temporary seizure/examination of devices; pre-release affidavit of compliance; discretionary community service or public cyber-ethics awareness activities per the SOP; attendance at cyber-awareness sessions or certified cyber-security courses; securing a PAN and filing income-tax return disclosing transactions; and disclosure of details of all family members and household residents (including servants/tenants) with their SIM/device/social-media particulars. The court observed that community service is a progressive, reformative tool aligned with restorative criminal jurisprudence for youthful cyber offenders.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 13414/2025

Soyab S/o Nijamudeen, Aged About 22 Years, R/o Nichla Gothda, Police Station Dholagarh Devi, District Alwar. (At Present Confined In Central Jail Alwar)

----Petitioner

Versus

The State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Sanjay Khan Mr. Adarsh Singhal, Amicus Curiae For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP Mr. Sunil Tak, SHO Kathumar Alwar

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

27/11/2025

The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 175/2025 registered at Police Station Bahtu Kalan (Devi Dholagarh) District Alwar for the offence(s) under Sections 319(2), 318(4), 316(2), 308(2) BNS and Section 66D of IT Act.

Learned counsel for the accused-applicant submits that the applicant is a young man aged 22 years. It is submitted that charge-sheet has been filed and applicant is in custody ever since 20.09.2025. It is further submitted that present FIR was lodged by the police authorities. Learned counsel further submits that the conclusion of trial is likely to take a long time and no useful

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purpose would be served by keeping the applicant behind bars till disposal of the case.

Per contra , learned Public Prosecutor has vehemently opposed the bail application. Investigating Officer has marked presence in the Court and has submitted that present matter is of exhortation and a demand of Rs. 52,000/- and Rs. 31,000/- are raised. Howsoever, same is not recovered from the accusedapplicant.

Having heard the arguments advanced by the learned counsel for the parties and considering the fact that accusedapplicant is a young man of 22 years; that charge-sheet has been filed; that accused-applicant is in custody ever-since 20.09.2025 and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Soyab S/o Nijamudeen shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

Taking note of the subject matter and place reliance upon the ratio and directions spelled out in SBCRLMB No. 9343/2025 titled as Mohit Vs. State of Raj. this Court is of the view that in addition to the condition as imposed, the following

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conditions are also to be abided by the applicant. For the sake of convenience the conditions imposed upon the applicants are reproduced herein below:-

"a. Banking Restrictions:

i) The financial transactions of the accused-applicant shall remain confined to one designated bank account, details of which shall be furnished to the Investigating Officer (I.O.) and the learned Trial Court, prior to release on bail. Moreover, if multiple accounts are operative in any Bank, under the name of the accusedapplicant(s)/convicted person, the same shall be closed with immediate effect i.e. prior to release of the applicant(s).

ii) The monthly bank statement of the said account shall be submitted regularly to both the I.O. and the Trial Court during the pendency of the trial.

iii) The Reserve Bank of India may also be directed to issue an advisory/circular restraining the accusedapplicant from opening any new bank account linked to his personal identifiers such as AADHAR Card and PAN Card, during the pendency of the proceedings.

b. Disclosure of Financial Instruments:

i) The accused-applicant shall provide complete details of all bank accounts and digital payment wallets (including but not limited to Paytm, PhonePe, Google Pay, etc.) previously operated by him.

ii) He shall further file an affidavit of disclosure to that effect before the learned Trial Court, with a copy to the Investigating Officer.

c. Use of Communication Devices:

i) The accused-applicant shall use only one registered electronic device i.e. a non-smart mobile phone and one postpaid mobile number for communication. ii) He shall refrain from using any VPN (Virtual Private Network), proxy networks, and laptops, tablets or computers with GSM enabled thereupon; the particulars of such device and number shall be furnished to the I.O. and the learned Trial Court.

d. Restriction on Social Media Use: Considering the gravity of the offence and its societal implications, the accused-applicant shall abstain from using social media platforms for a specified period or until conclusion of the trial, as may be deemed appropriate by the learned Trial Court.

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e. Preservation of Digital Evidence: The accusedapplicant shall not delete, alter, modify, or format any digital evidence in his possession or within his knowledge.

f. Periodic Reporting and Verification: The accused-applicant shall appear before the Investigating Officer once every week and shall also send a daily message or communication to the I.O. so as to maintain a record of his IP address and location, as a measure of electronice surveilance. The I.O. shall be at liberty to conduct surprise verifications periodically.

g. Disclosure of Employment and Income: i) The accused-applicant shall disclose any employment or business involving digital transactions. ii) He shall also file a quarterly affidavit of income and assets before the I.O. as well as the learned Trial Court.

h. Prohibition on Virtual Assets: The accusedapplicant shall not engage in the use or trade of cryptocurrency, anonymous payment systems, or any other virtual assets during the pendency of the trial.

i. Non-Association with Cyber Offenders: The accused-applicant shall not associate with any individual involved in cybercrimes, nor shall he impart any form of knowledge, assistance, or training conducive to the commission of cyber offences.

j. Prohibition on Online Gaming or Betting or wagering Platforms: The accused-applicant shall not engage or participate in online gaming, betting, or gambling platforms, whether directly or indirectly.

k. Cooperation in Investigation: The accusedapplicant shall remain fully cooperative in ongoing or future digital forensic investigations and shall provide consent for temporary seizure or examination of his devices, if so required by the Investigating Agency.

l. Compliance Affidavit: The accused-applicant shall file an affidavit of compliance with all conditions imposed herein prior to release, before the learned Trial Court.

m. Community Service: In the evolving landscape of digital offences, particularly cyber crimes, the challenge before the criminal justice system lies not only in deterrence but also in rehabilitation. With the proliferation of technology and internet accessibility, a considerable number of young individuals, often driven by curiosity, peer influence, or lack of awareness, find

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themselves embroiled in cyber offences. In this context, community service emerges as a progressive and reformative tool, balancing accountability with reintegration. It allows the offender to contribute constructively to society while internalizing the social and moral consequences of their actions. Community service, therefore, aligns with the restorative objectives of modern criminal jurisprudence by emphasizing reformation over retribution, ensuring that youthful offenders are guided back into the mainstream rather than being stigmatized by punitive incarceration. Thence, learned Trial Court may, in its discretion, direct the accused-applicant to undertake community service or participate in public awareness activities relating to cyber ethics or digital safety, or as per the directions spelled out and modus formulated in the SOP.

n. Cyber Awareness Participation: The accusedapplicant shall attend cyber-awareness sessions or certified courses on cyber security and safe digital practices, as may be directed by the Investigating Officer or the Learned Trial Court.

o. Tax and Regulatory Compliance: Prior to release, the accused-applicant shall secure a Permanent Account Number (PAN) from the Income Tax Authorities, if not already obtained, and shall file his income tax return disclosing all necessary particulars and transactions.

p. Further, the accused-applicant shall provide the personal details of all the family members and persons residing in the house of the accused-applicant, including servants, tenants etc. inclusive but not limited to the mobile phone numbers/SIM Card details, electronic devices and access therefrom, social media accounts maintained and used, to the Investigating Officer/ learned Trial Court, as directed, prior to release.

(SAMEER JAIN),J

Pooja /5