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2026 Supreme(Online)(Raj) 18985
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sameer Jain, J
ANIS S/O IQBAL – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 4013/2026
For the Appellants/Petitioners: Tarun Jain
For the Respondents: Shree Ram Dhakar
Bail may be granted to youthful offenders in cybercrime cases after the charge-sheet is filed, provided stringent conditions regarding financial transactions, digital device usage, and electronic surveillance are imposed to prevent recidivism and ensure rehabilitation.
Headnote:The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for bail in connection with an FIR registered for offences under Sections 384, 419, 420 of the Indian Penal Code and Sections 66C, 66D of the Information Technology Act. The accused, a 23-year-old individual, had been in custody for a significant period and the charge-sheet had already been filed. The court found that the age of the applicant and the completion of the investigation were sufficient grounds to consider enlargement on bail. The primary issue was whether the accused-applicant should be granted bail despite the gravity of the cyber offences. The court reasoned that while the nature of the crime is serious, the applicant's youth and the fact that the charge-sheet is filed justify release, provided that stringent conditions are imposed to ensure electronic surveillance and prevent further digital crimes, referencing established directions for cyber-offence bail conditions. Accordingly, the bail application under Section 483 BNSS is allowed.
| Table of Content |
|---|
| 1. application for bail in a cybercrime case following the filing of a charge-sheet. (Para 1 , 2 , 3) |
| 2. consideration of the applicant's age and the stage of investigation as grounds for granting bail. (Para 4 , 5) |
| 3. imposition of stringent digital, financial, and behavioral conditions to mitigate risks in cyber-offence bail. (Para 6 , 7) |
Order
1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 9/2023 registered at Police Station Cyber, Tonk District Tonk for the offence(s) under Sections 384, 419, 420 of IPC and Section 66C , 66D of IT Act.
2. Learned counsel for the applicant has submitted that the applicant is about 23 years of age; and charge-sheet has been already filed. It is submitted that the applicant is behind bars from a long period of time.
3. Per contra, learned Public Prosecutor has vehemently opposed the instant second bail application.
4. Heard and considered.
5. Considering the overall facts of the case and taking note of the fact that the applicant is about 23 years of age; that charge-sheet has been already filed; that the applicant is behind bars from a long period of time, but without commenting upon the merits/demerits of the case, this Court is inclined to enlarge the accused-applicant on bail subject to following conditions, which are noted hereinbelow.
6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Anis S/o Iqbal shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
7. Taking note of the subject matter and place reliance upon the ratio and directions spelled out in SBCRLMB No. 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 applicant is 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 gravit
