Dismissed¶¶29

Utpal Vishwas S/O Shree Dileep Vishwas v. State of Rajasthan

Rajasthan HC16 Jan 2026/661/2026

Case brief

AI extract

What is this about?

Second bail application under Section 483 BNSS dismissed; cyber fraud / online cheating case; FIR No.15/2019 dated 19.09.2019, Cyber Police Station, District SCRB Jaipur City; offences under Sections 66C, 66D IT Act and Section 420 IPC; applicant-accused Utpal Vishwas; earlier bail application dismissed 04.09.2025; witnesses PW-1 Megha Kandoi and PW-2 Yatesh Kandoi examined after first dismissal; absconding for four years; another case under Section 302 IPC (2019); gravity of allegations; bail refused at this stage; Rajasthan High Court Jaipur Bench; Justice Ashok Kumar Jain; order dated 16/01/2026; CRLMB-661/2026.

What did the court decide?

The material on record indicates that the petitioner is involved in online cheating and he remained absconded for four years. ¶¶22

Utpal Vishwas S/O Shree Dileep Vishwas Vs… — Murder and Culpable Homicide | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶¶29

Issue for consideration

Whether the second bail application under Section 483 BNSS filed by applicant-accused Utpal Vishwas should be allowed and he enlarged on bail in FIR No.15/2019 (Sections 66C, 66D IT Act and Section 420 IPC), P.S. Cyber Police Station, District SCRB Jaipur City.

¶¶13

Court's answer

The material on record indicates that the petitioner is involved in online cheating and he remained absconded for four years.

¶¶22

Ratio / Principle

One criminal case under Section 302 IPC was also registered in the year 2019 against the petitioner.

¶¶22

Key takeaways

The role attributed to the applicant is prima facie sufficient to consider his complicity in the crime.ratio¶¶27
At this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant-accused on bail.ratio¶¶27
Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant-accused at this stage.ratio

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Ashok Kumar Jain, J.), by order dated 16/01/2026, dismissed the second bail application under Section 483 BNSS filed by Utpal Vishwas seeking bail in FIR No.15/2019 dated 19.09.2019, P.S. Cyber Police Station, District SCRB Jaipur City, for offences under Sections 66C, 66D of IT Act and Section 420 of IPC. The first bail application had been dismissed on 04.09.2025; thereafter the prosecution recorded the statements of PW-1 Megha Kandoi and PW-2 Yatesh Kandoi. The Court noted cross-examination of both witnesses, observed that the material on record indicated the petitioner's involvement in online cheating and that he remained absconded for four years, and noted that one criminal case under Section 302 IPC (2019) was also registered against him. Holding the offences serious, the role attributed to the applicant prima facie sufficient to consider his complicity, and the case unfit for enlargement on bail at that stage, the Court dismissed the application.

¶1

[2026:RJ-JP:2040]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous 2nd Bail Application No. 661/2026

¶4

Utpal Vishwas S/o Shree Dileep Vishwas, R/o Malikpada Chogcha Dumriya Primary School, Police Station Chakda District Nadiya West Bengal At Present Fockland Bazaar, Gali No. 02 Macchiwali Gali, V.p. Road, Girgaanv, Police Station V P Road, Mumbai, Maharashtra. (At Present In Central Jail, Jaipur).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Javed Mohd. Khan Mr. Aslam S. Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP

¶10

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

¶11

Order

¶12

16/01/2026

¶13

The present 2^nd bail application under Section 483 of BNSS is filed by the applicant-accused Utpal Vishwas S/o Shree Dileep Vishwas seeking bail in respect of a criminal case registered as FIR No.15/2019 dated 19.09.2019 registered at P.S. Cyber Police Station, District SCRB Jaipur City, for the offence under Sections 66C, 66D of IT Act and Section 420 of IPC.

¶14

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the

[2026:RJ-JP:2040]

[CRLMB-661/2026]

(2 of 3)

jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

¶19

Learned counsel for the petitioner submits that the first bail application of the present petitioner was dismissed on 04.09.2025 and since then, statement of complainant were recorded. He referred statement of complainant PW-1 and her husband PW-2 and submits that the discrepancies about the prosecution are sufficient to draw a conclusion that the present petitioner is not involved in Cyber criminal activity.

¶20

Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has submitted a report received from Cyber Crime Police Station, Rajasthan, Jaipur,

¶21

Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

¶22

After dismissal of first bail application on 04.09.2025, statement of two witnesses PW-1 Megha Kandoi, PW-2 Yatesh Kandoi were recorded by the prosecution and we have considered cross-examination of both the witnesses, the material on record indicate that the petitioner is involved in online cheating and he remained absconded for four years. The material also indicate that one criminal case under Section 302 IPC was also registered in year 2019 against the petitioner.

¶23

The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima

(3 of 3)

[2026:RJ-JP:2040]

[CRLMB-661/2026]

facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail.

¶28

Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage.

¶29

Accordingly, the 2^nd application for bail filed under Section 483 of BNSS preferred by Utpal Vishwas S/o Shree Dileep Vishwas is hereby dismissed.

¶30

(ASHOK KUMAR JAIN),J

¶31

MR/4

Utpal Vishwas S/O Shree Dileep Vishwas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Utpal Vishwas S/O Shree Dileep Vishwas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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