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Rajasthan High Court - Jodhpur
Sanju Kumar Shah vs State Of Rajasthan (2026:Rj-Jd:15229) on 2 April, 2026
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2238/2026
Sanju Kumar Shah S/o Jai Pukar Shah, Aged About 28 Years,
Resident Of Ward No.-04. Louhar Patti, Police Station Jaleshwar,
District Mahtori Nepal, At Present Resident Of E-2-3495, Gali No.
81 Molarband, 60 Feet Road, Badarpur New Delhi South (At
Present Lodged In Central Jail Sriganganagar) Date Of Arrest-
24-08-2025
----Applicant
Versus
State Of Rajasthan, Through The Pp
----Respondent
For Applicant(s) : Mr. Rajendra Charan.
For Respondent(s) : Mr. Sameer Pareek, P.P.
Mr. Virendra Acharya.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
02/04/2026
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 483 B.N.S.S. at the instance of
accused-applicant. The requisite details of the matter are tabulated
herein below:
S.No. Particulars of the Case
2. Concerned Police Station Sriganganagar
3. District Sriganganagar
4. Offences alleged 318(4), 316(2), 319(2),
336(3), 338, 61(2)(a) of
B.N.S. and 66 D of I.T. Act
5. Date of passing of impugned 14.01.2026
order
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2. It is contended on behalf of the accused-applicant that that
FIR in question has been lodged by the complainant regarding
cyber fraud being caused to him on joining of a WhatsApp group,
namely 55 Shoonya Growth Club, which provides trading stock
tips.
3. It is alleged in the said FIR that the complainant, having
downloaded a link, invested a substantial amount of money for the
purpose of trading. However, he subsequently realized that he had
been duped in a cyber fraud, and the amount deposited by him
towards the purchase of IPOs had been misappropriated.
4. It is stated that omnibus allegations have been levelled in the
FIR and the applicant was not named as accused in the said case.
It is also submitted that applicant is not having direct involvement
in the offence so alleged.
5. Counsel for applicant further stated that challan has already
been filed and applicant is behind the bar since 21.08.2025 and
the trial will take a long time to conclude.
6. Per contra, learned Public Prosecutor stated that cyber fraud
are growing multi-fold in society and innocent persons like
complainant, who is Wing Commander in the Indian Air Force, has
been defrauded by investing his hard-earned money.
7. It is also stated that merely because applicant was not
named in the FIR is of no consequence as in the online fraud
mechanism, it is difficult at the initial stage to identify / name a
particular person as accused. Learned Public Prosecutor stated that
no lenient treatment should be advanced in favour of the
applicant.
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8. Heard learned counsel for the parties and perused the
material available on record.
9. After considering the statements and on perusal of record, it
is found that omnibus allegations were levelled in the initial FIR
wherein the complainant himself has joined a link while
downloading app for purchase of IPOs and has kept on depositing
different amounts on different dates for the purchase of said IPOs.
Although, the amount fraudulently taken from the complainant is
of 1.11 crore. However, the present applicant has been involved in
the present case as an amount of Rs. 14 lakhs, was found to be
credited in the bank account of a firm of the present applicant.
10. The final report, nowhere suggests direct involvement or
connection of the present applicant with the said WhatsApp group
through which the complainant has deposited the amount and the
involvement of the present applicant is shown to the extent that a
part of amount was credited in the bank account of the firm of the
applicant.
11. Having regard to the totality of facts and circumstances of
the case and considering the fact that challan has already been
filed; that name of the applicant was not mentioned in the FIR; the
offences alleged are triable by magistrate; amount said to be
received in the bank account of the petitioner has already been
freezed; conclusion of the trial is going to take a considerable
time, accused-applicant is in custody since long and no useful
purpose would be served by his continued incarceration, therefore,
without expressing any opinion on the merits/demerits of the case,
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I deem it just and proper to extend benefit of bail to the accused-
applicant.
12. Consequently, the bail application filed under Section 483
BNSS, 2023 is allowed. The accused-applicant Sanju Kumar Shah
S/o Shri Jai Pukar Shah arrested in connection with FIR
No.11/2025, Cyber Police Station Sri Ganganagar, District Sri
Ganganagar shall be released on bail on his furnishing personal
bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/-
each 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.
13. It is made clear that if the accused-applicant is found to be
involved in any other case of similar nature of Cyber crime, then
learned counsel for the State shall be free to move the application
against the accused-applicant for cancellation of bail before
concerned Magistrate.
14. Copy of this order also be sent to concerned SHO for
compliance.
15. Needless to mention that the above observations made by
this Court are only prima-facie observations for disposal of the
present bail application and the same shall however, not come in
the way of the trial Court to take independent view of the matter,
based on ocular and oral evidence, while finally deciding the case.
(SANJEET PUROHIT),J
46-A.Arora/-
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