Rajasthan High Court - Jaipur
Akram S/O Usman vs State Of Rajasthan (2025:Rj-Jp:48295) on 27 November, 2025
[2025:RJ-JP:48295]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10268/2025
1. Akram S/o Usman, Aged About 25 Years, R/o Village
Manapuri, P.s. Sikari Distt. Deeg (Raj.) (Petitioner
Presently Confined In Central Jail, Bharatpur)
2. Farukh @ Fajru S/o Aashin, Aged About 30 Years, R/o
Village Manapuri, P.s. Sikari Distt. Deeg (Raj.) (Petitioner
Presently Confined In Central Jail, Bharatpur)
----Accused-Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Pallav Sharma
Mr. Adarsh Singhal, Amicus Curiae
For Respondent(s) : Ms. Arti Sharma, PP
Mr. Rhishi Raj Singh Rathore, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
27/11/2025
1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 91/2025 registered at Police Station Sikari District Deeg for the offence(s) under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(2), 317(4), 317(5), 303(2), 111(2)(a), 313, 61(2) of BNS, 2023 and 66D of IT Act, 2008.
2. Learned counsel for the accused-applicants has submitted that the applicants are young persons, aged about 25 years and 30 years respectively. It is further submitted that the FIR is registered by the police authorities and there is no private complainant/informant in the matter. It is also submitted that (Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) [2025:RJ-JP:48295] (2 of 7) [CRLMB-10268/2025] there are no criminal antecedents registered against the applicants.
3. Per contra, learned Public Prosecutor has vehemently objected to the instant application and has submitted that the allegations qua extortion of money by advertising sale of clothes and other accessories, under the garb of small investments, are levelled against the applicants. It is further submitted that the applicants have committed the said offence in an organized manner, with an intent to earn some commission out of the same.
4. Having heard the submissions made by learned counsel for the respective parties and taking note of the fact that the applicants are young persons, aged about 25 years and 30 years; that there are no criminal antecedents registered against the applicants, and looking to the overall facts of the case and material on record but without commenting upon the merits/demerits of the case, this Court is inclined to allow the anticipatory bail application subject to the conditions, as also discussed in detail in the order dated 11.11.2025 passed in SBCRLMB No. 9343/2025 titled as Mohit Vs. State of Raj., and the conditions noted hereinbelow.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sikari, District Deeg in F.I.R. No. 91/2025 is directed that in the event of arrest of the accused-applicants Akram S/o Usman & Farukh @ Fajru S/o Aashin, they shall be released on bail, provided they furnish a personal bond in the sum of Rs.50,000/- each, with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station.
(Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) [2025:RJ-JP:48295] (3 of 7) [CRLMB-10268/2025] Withal, following conditions are also imposed upon the applicants:-
(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) that the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
(iii) that the applicants shall not leave India without previous permission of the court.
6. Withal, taking note of the ratio opined by Co-ordinate Bench of this Court at Jodhpur, vide order dated 27.11.2025 in SBCRLMB No.7940/2025 titled as Adnan Haidar Bhai versus The State of Rajasthan, and as noted supra, the additional conditions to be imposed in consonance with the ratio and directions passed in SBCRLMB No. 9343/2025 titled as Mohit Vs. State of Raj. shall be that:
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. Moreover, if multiple accounts are operative in any Bank, under the name of the accused-applicant(s), the same shall be closed with immediate effect.
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(s) from opening (Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) [2025:RJ-JP:48295] (4 of 7) [CRLMB-10268/2025] 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(s) 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) The accused-applicant(s) 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(s) shall use only one registered electronic device i.e. a non-smart mobile phone and one postpaid mobile number for communication.
ii) The accused-applicant(s) 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(s) shall abstain from using social media platforms for a specified period or until conclusion of the trial, as may be deemed appropriate by the learned Trial Court.
(Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) [2025:RJ-JP:48295] (5 of 7) [CRLMB-10268/2025] e. Preservation of Digital Evidence: The accused- applicant(s) 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(s) 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 electronic surveillance. The I.O. shall be at liberty to conduct surprise verification periodically.
g. Disclosure of Employment and Income: i) The accused-applicant(s) shall disclose any employment or
business involving digital transactions.
ii) The accused-applicant(s) 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(s) 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(s) shall not associate with any individual involved in cyber crimes, 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(s) shall not engage or (Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) [2025:RJ-JP:48295] (6 of 7) [CRLMB-10268/2025] participate in online gaming, betting, or gambling platforms, whether directly or indirectly.
k. Cooperation in Investigation: The accused-applicant(s) 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(s) shall file an affidavit of compliance with all conditions imposed herein, 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 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 (Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) [2025:RJ-JP:48295] (7 of 7) [CRLMB-10268/2025] 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(s) 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: The accused-applicant(s) 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(s) 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.
7. Thence, the instant anticipatory bail application is allowed, subject to the aforementioned conditions.
(SAMEER JAIN),J DEEPAK/17 (Uploaded on 04/12/2025 at 11:27:48 AM) (Downloaded on 13/12/2025 at 12:13:54 AM) Powered by TCPDF (www.tcpdf.org)