Tayyab Khan S/O Fajru Khan Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 3650/2025

Tayyab Khan S/o Fajru Khan, Aged About 50 Years, R/o Village Nabla Ki Dhani, Police Station Govindgarh, District Alwar. (At Present Confined In Central Jail Alwar)

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----Accused-Applicant

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Versus

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State of Rajasthan, Through Its P.P

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----Respondent

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For Applicant : Mr. Sanjay Khan, Adv. For Respondent : Mr. Vivek Sharma, Addl. G.A.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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21/04/2025

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The present bail application has been filed by the accusedapplicant under Section 483 of the B.N.S.S, 2023 against the order dated 04.03.2025 passed by learned Additional Sessions Judge, Laxmangarh, District Alwar (hereinafter referred to as learned 'trial Court') in Bail Application No.70/2025 arising out of FIR No.266/2024, registered at Police Station Govindgarh (Alwar), District Alwar for the offences punishable under Sections 319(2), 318(2) and 336(2) of B.N.S., 2023 and Sections 66-C and 66-D of Information Technology (Amendment) Act, 2008 (later on for the offences punishable under Sections 336(3), 338 and 340(2) of B.N.S., 2023) by which the bail application of the accusedapplicant under Section 483 of B.N.S.S.,2023 has been dismissed.

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[CRLMB-3650/2025]

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Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that the charges levelled against the accused-applicant are triable by Magistrate. Learned counsel further submits that in this matter, the charge-sheet has already been filed.

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Learned counsel for the accused-applicant contends that no other case is pending against the accused-applicant. Learned counsel also contends that the accused-applicant is behind the bars since 14.02.2025 and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail.

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Learned Additional Government Advocate vehemently opposes this bail application and submits that this is a case of cyber fraud, therefore, the accused-applicant is not entitled to be enlarged on bail.

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Heard learned counsel for the parties and also perused the material available on record.

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Admittedly, the charge levelled against the accused-applicant is that he was using his mobile phone for the purpose of cheating private persons and used to earn money by committing cyber fraud with them, however, charge-sheet in this case has already been filed.

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Having regard to the facts and circumstances of the case, and considering the fact that the applicant is in judicial custody since 14.02.2025 and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on

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[CRLMB-3650/2025]

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the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.

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Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Tayyab Khan S/o Farju Khan, arrested in connection with FIR No.266/2024, registered at Police Station Govindgarh (Alwar), District Alwar shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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The accused-applicant is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned Police Station. SHO of the concerned Police Station shall send the presence report of the accused-applicant to learned trial Court every month. In case of any breach to the above condition, learned Additional Government Advocate shall be free to move the application against the accused-applicant for cancellation of bail before concerned Magistrate.

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Copy of this order also be sent to concerned SHO for compliance.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /209

Tayyab Khan S/O Fajru Khan v. State of Rajasthan

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Tayyab Khan S/O Fajru Khan v. State of Rajasthan

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