Satish Kumar Bairwa S/O Shri Rampal Bairwa Vs State… — Cheating and Forgery | Rajasthan HC (2025)

Satish Kumar Bairwa S/O Shri Rampal Bairwa Vs State… — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

All three accused-petitioners (Ankit Bansal, Gaurav Sachdeva and Satish Kumar Bairwa) released on bail in F.I.R. No. 259/2025, P.S. Vaishali Nagar, District Alwar, on furnishing a personal bond of Rs.1,00,000/- each with two sureties of Rs.50,000/- each, subject to conditions: (i) no tampering with evidence or influencing witnesses; (ii) no leaving the country without prior permission of the Court; (iii) cooperation in trial and attendance on every hearing date unless exempted; (iv) regular attendance marking at the concerned Police Station on the 25th day of every month with register maintained by the S.H.O.; (v) bail to stand automatically cancelled on repetition of similar offence during trial; failure to observe conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the accused-petitioners, whose accounts were allegedly used by other persons for fraud and cheating and who are said to have been merely benefited by way of commission for providing account numbers (mule-account allegation), are entitled to bail in F.I.R. No. 259/2025.

Court's answer

Since there is no allegation of active involvement of the petitioners in commission of the offences — they being simply beneficiaries in the form of commission in consideration of providing their account numbers to the co-accused — and the alleged offences are triable by Magistrate, bail is granted without commenting on the merits of the case.

Detailed headnote1 paragraphs

Bail granted — Cyber fraud/cheating case (F.I.R. No. 259/2025, P.S. Vaishali Nagar, District Alwar) under Sections 318(2), 318(4), 338, 61(2), 112(2) of BNS and Sections 66, 66C & 66D of the Information Technology (Amendment) Act, 2008 — Allegation that petitioners' accounts were used by other persons for fraud and cheating, petitioners being simply benefited in the form of commission for providing account numbers to co-accused (mule accounts) — No allegation of active involvement of petitioners in commission of the offences — Alleged offences triable by Magistrate — Petitioners in custody since 19.09.2025 — Bail applications under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 allowed without comment on merits, on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to conditions including monthly police-station attendance on the 25th of every month and automatic cancellation of bail on repetition of similar offence during trial. (Paras 29-40)

[2025:RJ-JP:42688]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 13674/2025

Ankit Bansal S/o Vinod Kumar, Aged About 32 Years, R/o Dilli Darwaja Bahar, Meena Padi, Police Station Kotwali Alwar, Presently Resident Of Gate No. 10, Second Tower, Second Floor, Apna Ghar Shalimar, Police Station Sadar, District Alwar. (At Present Accused Petitioner Confined In Central Jail, Alwar).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 13708/2025 Gaurav Sachdeva S/o Shri Jogendra Singh, R/o D-482, Surya Nagar Police Station Vaishali Nagar, District Alwar Rajasthan. (Presently Accused Confined In Central Jail, Alwar).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

With

S.B. Criminal Miscellaneous Bail Application No. 13922/2025

Satish Kumar Bairwa S/o Shri Rampal Bairwa, Aged About 45 Years, R/o Jawahar Nagar, 200 Foot Road, Police Station Neb, District Alwar (Raj.). (At Present Accused Petitioner Confined In Central Jail Alwar).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Gurvindra Singh
For Respondent(s)	: Mr. Vivek Choudhary,PP

HON'BLE MR. JUSTICE ANAND SHARMA

[2025:RJ-JP:42688]

[CRLMB-13674/2025]

(2 of 4)

Order

17/10/2025

These bail applications under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed by the accusedpetitioners in respect of F.I.R. No. 259/2025 registered at Police Station Vaishali Nagar, District Alwar for the offences punishable under Sections 318(2), 318(4), 338, 61(2), 112(2) of BNS and Sections 66, 66C & 66D Information Technology (Amendment) Act, 2008.

It is stated that bare perusal of the FIR would reveal that petitioners' account is used by other persons for the purpose of fraud and cheating and the petitioners are simply benefited in the form of commission. Learned counsel submits that there is no allegation of acting involvement of the petitioners in the alleged offence and only on account of opening a mule account, the petitioners have been implicated in the instant matter. It is further stated that there are no criminal antecedents against the petitioners and although two cases have been shown against the petitioner Gourav Sachdeva, yet the allegations in those cases are not similar to the instant case.

It is submitted that the alleged offences are triable by Magistrate and the petitioners are behind the bars since 19.09.2025. Trial is likely take considerably long time.

Learned Public Prosecutor has vehemently opposed the bail application.

Considered the submissions made at Bar.

In the light of the fact that there is no allegation of acting involvement of the petitioners in commission of the

[2025:RJ-JP:42688]

[CRLMB-13674/2025]

(3 of 4)

offences and they are simply beneficiaries in the form of commission in consideration of providing their account numbers to the co-accused as well as the fact that the alleged offences are triable by Magistrate, without making any comment over the merits of the case, I am inclined to grant bail to the petitioners.

Accordingly, the Bail Applications are hereby allowed. The accused-petitioner Ankit Bansal S/o Vinod Kumar, Gaurav

Sachdeva S/o Shri Jogendra Singh & Satish Kumar Bairwa S/o Shri Rampal Bairwa shall be released on bail in pursuance of F.I.R. No. 259/2025 registered at Police Station Vaishali Nagar, District Alwar on each of them furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:-

(i) They shall not tamper with any evidence, nor would influence the witnesses in the case.

(ii) They shall not leave the country without prior permission of the Court.

(iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court.

(iv) They shall regularly mark their attendance in the concerned Police Station on 25th day of every month. Concerned S.H.O. shall maintain the register of attendance of the accusedpetitioners.

(v) On repetition of similar nature of offence during trial, the instant bail shall stand automatically cancelled.

(4 of 4)

[2025:RJ-JP:42688]

[CRLMB-13674/2025]

In case of failure of observance of the conditions, a ground for cancellation of bail would arise.

(ANAND SHARMA),J

NEERU/289-290-765