HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7940/2025 Adnan Haidar Bhai ----Petitioner Versus State Of Rajasthan ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7943/2025 For Petitioner(s) : Mr. Ram Singh Rawal Mr. Surendra Bagmalani For Respondent(s) : Mr. Deepak Choudhary, AAG Mr. Urja Ram Kalbi, PP Mr. Prakash Bishnoi &

Mr. Mahipal Singh &

Mr. Shiv Singh for complainant Mr. Om Prakash, IPS-CP, Jodhpur Mr. Pushpendra Singh, RPS-ACP, PS.

Cyber Jodhpur Mr. Tej Karan Parihar Mr. Nitin Dave, SHO, PS Basni Mr. Barshi Lal, SHO, PS Jhanwar Mr. Sachin Mittal, ADG, Cyber Cell, through VC HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

15/10/2025

1. This Court passed an order dated 09.10.2025 directing the DG Police and ADG, Cyber to appear before this Court physically or through VC and assist this Court regarding the growing challenges related to the cybercrime in the State of Rajasthan. A number of bail applications as listed before this court shows that the investigating officers are not so equipped to conduct the investigations and to assist to Court in this regard. This Court has a detailed interaction with Mr. Sachin Mittal, ADG, Cyber Cell who is holding the charge of DG Cyber in the State of Rajasthan. He provided valuable inputs to us, however, during interaction, this Court noted that though there are efforts on part of ADG Cybercrime in handling the cybercrime offences in the State of Rajasthan, but due to lack of sufficient infrastructure and non-availability of permanent technical IT experts and other infrastructure, it is difficult for him to handle the growing challenges in the field of cybercrime. In terms of the Section 79 A of the IT Act, 2000, the digital devices are to be sent for forensic reports which can be prepared by the accredited labs in the terms of the above section. It was informed to his Court by Mr. Sachin Mittal, ADG that they are pursuing the matter with Government of India to have the installation of the lab at Jaipur at the earliest as per section 79-A of the IT Act.

1.1 Apart from this, there is absence of experienced Public Prosecutor in the District Courts where criminal cases in respect of cybercrime are pending but also of public prosecutor and Additional Advocate General in the High Court at both places Jodhpur and Jaipur. In the absence of experienced public prosecutors and Additional Advocate General, there is no assistance in respect of such matters in Courts. These technical matters cannot be handled by the Public Prosecutors who are usually handling the conventional matters in the Court.

2. In continuation and before passing in order in the case, this Court wants to hear Director Prosecution and DGP on the next date of hearing on certain issues so that the office of DG Cybercrime, has sufficient infrastructure and a team of expert IT professionals and other such persons at cyber police station including State Commissionerate so that the growing cybercrime in the State of Rajasthan can be controlled.

2.1 We also heard Learned Additional Advocate General, Mr. Deepak Choudhary and Mr. Om Prakash IPS-CP, Jodhpur and the other police officers present in this Court. This Court appoints Mr. Nisheeth Dixit, Adv. as Amicus Curiae to assist and submit suggestions in this regard to the Court on the next date of hearing.

3. List this case on 17.10.2025 at 2:30 PM along with S.B. Criminal Misc. Bail Application Nos.12434/2025, 12432/2025, 12405/2025, 11272/2025 & 12490/2025.

(RAVI CHIRANIA),J

2-3 neha/-