The court emphasized the serious nature of cyber crimes, dismissing bail applications and advocating for systemic reforms to improve law enforcement's response to digital crimes.

ORDER :

1. The instant bail applications have been filed by petitioner Adnan Haidar Bhai S/o Haidar Bhai Aged about 22 years R/o Gujarat & Rahul Jagdish Bhai Jadhav S/o Shri Jagdish Bhai who are presently lodged in the Central Jail, Jodhpur in connection with FIR No. 3/2025 Cyber Police Station, Jodhpur for the offences under Sections 308(2), 308(6), 318(2), 318(4), 319(2), 336(3), 338, 66C, 66D and 61(2) of the BNS. The petitioners were arrested in the impugned FIR and therefore, they moved Criminal Misc. Bail Applications before the learned trial court, which came to be rejected by order impugned date 26.06.2025 and 02.07.2025 passed by Additional Sessions Judge No. 2, Jodhpur.

2. Learned counsels submitted that the petitioners are innocent person and they have not committed any offence as alleged in the impugned FIR bearing No. 3/2025 registered on 14.05.2025. They further submitted that they have not received any amount as mentioned in the FIR and have nothing to do with the facts as stated. It was further stated that the offences as alleged in the impugned FIR are triable by a Judicial Magistrate. In view of the above, they prayed that the petitioners may be enlarged on bail by this Court.

3. Learned Public Prosecutor strongly opposed the bail application on the ground that the present case is of a serious nature as the petitioners extorted money from two elderly persons, namely Prem Mohan Govila and his wife. He further submitted that the petitioners along with two other persons, namely Vikram Goswami and Priya Agarwal impersonated themselves as Sub-Inspectors of Cyber Police, Mumbai and other officials and extorted a total sum of rupees two crores and two lakhs between 30.04.2025 and 08.05.2025. He further submitted that by putting the complainant and his wife, who are more than 84 years of age, under illegal arrest (named as digital arrest but not defined in any Act), the aforementioned amount was taken from them. He further submitted that as per the impugned orders passed by the learned trial court only two persons have been arrested so far. He further submitted that investigation is at a nascent stage and other persons in the chain are yet to be arrested. In view of this, the petitioners are not entitled to be enlarged on bail by this Court.

4. This Court considering the seriousness of the offences more specifically offences under Sections 308(2) and 308(6) which are punishable with imprisonment for 7 years, notes that they are serious, though triable by a Magistrate. Furthermore, cases, of digital arrest, committed by misuse of Information Technology, are growing at a fast pace and modus operandi in all cases is almost same. The Co-ordinate Bench of this Court by order dated 22.08.2025 directed the Investigating Officer of the case to remain present before the Court. On 03.09.2025 the Investigating Officer was present and informed the Court about the investigation conducted by him so far.

Thereafter, this matter was again listed before this Court on 09.10.2025 and this Court directed AAG-cum-GA Mr. Deepak Choudhary to call the Investigating Officer and senior police official holding charge of the Cyber Wing of the Police Commissione