Rajasthan High Court - Jaipur
Hasim S/O Shri Sarfuddin vs The State Of Rajasthan ... on 27 November, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:48264]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12784/2025
1. Hasim S/o Shri Sarfuddin, Aged About 25 Years, R/o
Bharja Gaddi, Police Station Malarna Doongar, District
Sawai Madhopur (Raj.) (At Presently Confined In District
Jail District Sawai Madhopur).
2. Altaf S/o Shri Ayub, Aged About 20 Years, R/o Bharja
Gaddi, Police Station Malarna Doongar, District Sawai
Madhopur (Raj.) (At Presently Confined In District Jail
District Sawai Madhopur).
----Petitioners
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Chand Meena Mr. Adarsh Singhal, Amicus Curiae For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 27/11/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 171/2025 registered at Police Station Soorwal District Sawai Madhopur for the offence(s) under Sections 319(2), 316(2), 318(4), 338, 336(3), 340(2), 111(2)(b) and 61(2)(a) BNS, Sections 66C, 66D of IT At and 13 RPGO Act.
2. Learned counsel for the accused-applicants submits that the applicants are young men aged 25 and 20 years. It is submitted that applicant is in custody ever since 16.09.2025. It is (Uploaded on 01/12/2025 at 10:44:13 AM) (Downloaded on 01/12/2025 at 06:46:48 PM) [2025:RJ-JP:48264] (2 of 5) [CRLMB-12784/2025] further submitted that there are no criminal antecedents registered against the applicants. Learned counsel further submits that the conclusion of trial is likely to take a long time and no useful purpose would be served by keeping the applicants behind bars till disposal of the case.
3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is submitted that there are 8 complaints are registered against the accused-applicants.
4. Having heard the arguments advanced by the learned counsel for the parties and considering the fact that accused-
applicants are young men of 25 and 20 years; that charge-sheet has been filed; that accused-applicants are in custody ever-since 16.09.2025; that there is no criminal antecedent registered against the accused-applicants and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge them on bail.
5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicants 1. Hasim S/o Shri Sarfuddin & 2. Altaf S/o Shri Ayub shall be enlarged on bail provided each of them furnishes a personal bond of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
6. Taking note of the subject matter and place reliance upon the ratio and directions spelled out in SBCRLMB No. (Uploaded on 01/12/2025 at 10:44:13 AM) (Downloaded on 01/12/2025 at 06:46:48 PM) [2025:RJ-JP:48264] (3 of 5) [CRLMB-12784/2025] 9343/2025 titled as Mohit Vs. State of Raj. this Court is of the view that in addition to the condition as imposed, the following conditions are also to be abided by the applicant. For the sake of convenience the conditions imposed upon the applicants are reproduced herein below:-
"a. Banking Restrictions:
i) The financial transactions of the accused-applicant shall remain confined to one designated bank account, details of which shall be furnished to the Investigating Officer (I.O.) and the learned Trial Court, prior to release on bail. Moreover, if multiple accounts are operative in any Bank, under the name of the accused-
applicant(s)/convicted person, the same shall be closed with immediate effect i.e. prior to release of the applicant(s).
ii) The monthly bank statement of the said account shall be submitted regularly to both the I.O. and the Trial Court during the pendency of the trial.
iii) The Reserve Bank of India may also be directed to issue an advisory/circular restraining the accused- applicant from opening any new bank account linked to his personal identifiers such as AADHAR Card and PAN Card, during the pendency of the proceedings. b. Disclosure of Financial Instruments:
i) The accused-applicant shall provide complete details of all bank accounts and digital payment wallets (including but not limited to Paytm, PhonePe, Google Pay, etc.) previously operated by him.
ii) He shall further file an affidavit of disclosure to that effect before the learned Trial Court, with a copy to the Investigating Officer.
c. Use of Communication Devices:
i) The accused-applicant shall use only one registered electronic device i.e. a non-smart mobile phone and one postpaid mobile number for communication.
ii) He shall refrain from using any VPN (Virtual Private Network), proxy networks, and laptops, tablets or computers with GSM enabled thereupon; the particulars of such device and number shall be furnished to the I.O. and the learned Trial Court.
d. Restriction on Social Media Use: Considering the gravity of the offence and its societal implications, the accused-applicant shall abstain from using social (Uploaded on 01/12/2025 at 10:44:13 AM) (Downloaded on 01/12/2025 at 06:46:48 PM) [2025:RJ-JP:48264] (4 of 5) [CRLMB-12784/2025] media platforms for a specified period or until conclusion of the trial, as may be deemed appropriate by the learned Trial Court.
e. Preservation of Digital Evidence: The accused- applicant shall not delete, alter, modify, or format any digital evidence in his possession or within his knowledge.
f. Periodic Reporting and Verification: The accused-applicant shall appear before the Investigating Officer once every week and shall also send a daily message or communication to the I.O. so as to maintain a record of his IP address and location, as a measure of electronice surveilance. The I.O. shall be at liberty to conduct surprise verifications periodically. g. Disclosure of Employment and Income:
i) The accused-applicant shall disclose any employment or business involving digital transactions.
ii) He shall also file a quarterly affidavit of income and assets before the I.O. as well as the learned Trial Court.
h. Prohibition on Virtual Assets: The accused- applicant shall not engage in the use or trade of cryptocurrency, anonymous payment systems, or any other virtual assets during the pendency of the trial. i. Non-Association with Cyber Offenders: The accused-applicant shall not associate with any individual involved in cybercrimes, nor shall he impart any form of knowledge, assistance, or training conducive to the commission of cyber offences. j. Prohibition on Online Gaming or Betting or wagering Platforms: The accused-applicant shall not engage or participate in online gaming, betting, or gambling platforms, whether directly or indirectly. k. Cooperation in Investigation: The accused- applicant shall remain fully cooperative in ongoing or future digital forensic investigations and shall provide consent for temporary seizure or examination of his devices, if so required by the Investigating Agency. l. Compliance Affidavit: The accused-applicant shall file an affidavit of compliance with all conditions imposed herein prior to release, before the learned Trial Court.
m. Community Service: In the evolving landscape of digital offences, particularly cyber crimes, the challenge before the criminal justice system lies not only in deterrence but also in rehabilitation. With the (Uploaded on 01/12/2025 at 10:44:13 AM) (Downloaded on 01/12/2025 at 06:46:48 PM) [2025:RJ-JP:48264] (5 of 5) [CRLMB-12784/2025] proliferation of technology and internet accessibility, a considerable number of young individuals, often driven by curiosity, peer influence, or lack of awareness, find themselves embroiled in cyber offences. In this context, community service emerges as a progressive and reformative tool, balancing accountability with reintegration. It allows the offender to contribute constructively to society while internalizing the social and moral consequences of their actions. Community service, therefore, aligns with the restorative objectives of modern criminal jurisprudence by emphasizing reformation over retribution, ensuring that youthful offenders are guided back into the mainstream rather than being stigmatized by punitive incarceration. Thence, learned Trial Court may, in its discretion, direct the accused-applicant to undertake community service or participate in public awareness activities relating to cyber ethics or digital safety, or as per the directions spelled out and modus formulated in the SOP.
n. Cyber Awareness Participation: The accused- applicant shall attend cyber-awareness sessions or certified courses on cyber security and safe digital practices, as may be directed by the Investigating Officer or the Learned Trial Court.
o. Tax and Regulatory Compliance: Prior to release, the accused-applicant shall secure a Permanent Account Number (PAN) from the Income Tax Authorities, if not already obtained, and shall file his income tax return disclosing all necessary particulars and transactions.
p. Further, the accused-applicant shall provide the personal details of all the family members and persons residing in the house of the accused-applicant, including servants, tenants etc. inclusive but not limited to the mobile phone numbers/SIM Card details, electronic devices and access therefrom, social media accounts maintained and used, to the Investigating Officer/ learned Trial Court, as directed, prior to release.
(SAMEER JAIN),J Pooja /2 (Uploaded on 01/12/2025 at 10:44:13 AM) (Downloaded on 01/12/2025 at 06:46:48 PM) Powered by TCPDF (www.tcpdf.org)