Citation : 2026 Latest Caselaw 1279 Raj
Judgement Date : 30 January, 2026
[2026:RJ-JD:5600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15182/2025
Pradeep S/o Aiwaren Singh, Aged About 24 Years, R/o Jhugi No.
147, Nala, Gulabi Bagh, Malkanj North Delhi, Permanent Address
- Chkarpatti Police Station Nawab Ganj, District Farukhbad(Up)
(At Present Lodged At District Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ravinder Kumar
For Respondent(s) : Mr. Ramesh Dewasi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
30/01/2026
1. This application for bail under Section 483 BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.03/2024, registered at Cyber Police
Station Hanumangarh, District Hanumangarh, for offences under
Sections 420, 406 & 120-B of IPC.
2. Learned counsel submitted that the co-accused - Dr. Anand
Kumar Soni (S.B. Criminal Revision Petition No.3296/2025) has
already been enlarged on bail by this Court vide order dated
01.04.2025.
3. Learned counsel submitted that the case of the present
petitioner is not distinguishable from that that of the co-accused -
Dr. Anand Kumar Soni who has already been enlarged on bail. It
was contended that the petitioner is in judicial custody; the
investigation against the petitioner has already been concluded
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and the trial is not likely to be concluded in the near future,
therefore the benefit of bail may be granted to the accused
petitioner.
4. Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that in the present
cases sufficient prima facie evidence connecting petitioner with
alleged cyber fraud is available on record and, therefore, looking
to the seriousness of the allegations levelled against the present
petitioner, he does not deserve to be enlarged on bail.
5. Heard learned counsel for the parties at Bar. Perused the
material available on record.
6. The order dated 01.04.2025 passed by this Court while
enlarging the co-accused - Dr. Anand Kumar Soni is reproduced
here for ready reference:
"This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.03/2024 registered at Cyber Police Station, District Hanumangarh for the offences under Sections 420 and 406 of IPC.
Learned counsel for the petitioner submitted that as per the prosecution, the complainant- Sunil Kumar invested huge amount through his forex trading account as per the advise of Aashu but after some time, when he tried to withdraw the amount, his request was declined and he lost a huge sum of money. Learned counsel submitted that the allegation against the present petitioner is that the petitioner is guilty of committing cyber fraud with co-accused persons as he opened one current bank account at PNB Bank Branch, Collectorate Dholpur, on being asked by co-accused Ravi Bhardwaj in the name of Sudhir Yadav in which the money was transferred by co- accused persons by deceiving innocent people with fraudulent intent. The petitioner was paid/given commission on each of the aforesaid transactions by the co-accused persons.
Learned counsel submitted that co-accused Sudhir Yadav in whose name the current bank account was opened in which the money was allegedly received by the petitioner, has already been enlarged on bail by the competent criminal Court; the investigation against the petitioner has already been completed;
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he is first time offender; looking to the role assigned to the petitioner in commission of the alleged crime, his further custody is not warranted in the present case and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that sufficient prima facie evidence connecting the petitioner with the alleged fraud is available on record and, therefore, looking to the seriousness of the allegations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the petitioner does not have any criminal antecedents and the investigation against the petitioner has already been completed. He was also not in a position to show any apprehension that in case the petitioner is enlarged on bail, he is likely to involve himself in a case of similar nature or that he will flee away from justice.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case particularly keeping in view the fact that the investigation against the petitioner has already been completed. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Dr. Anand Kumar Soni S/o Santosh Kumar arrested in connection with F.I.R. No.03/2024 registered at Cyber Police Station, District Hanumangarh shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same."
7. Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
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8. Consequently, the bail application under Section 483 BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner-
Pradeep S/o Aiwaren Singh, arrested in connection with F.I.R.
No.03/2024, registered at Cyber Police Station Hanumangarh,
District Hanumangarh, shall be released on bail, if not wanted in
any other case, provided he furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial Court, for his appearance before that
Court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
9. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J 301-himanshu/-
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