ADNAN HAIDAR BHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 Ss. 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 26/6/2025 and 2/7/2025 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 14/5/2025. 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 30/4/2025 and 8/5/2025. 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.