NAVEEN TEMANI S/O BRIJKISHORE TEMANI vs STATE OF RAJASTHAN

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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

HON'BLE MR. JUSTICE SAMEER JAIN
Order

REPORTABLE :
1. The present bail application has been filed under Section 482
of Bhartiya Nagarik Nyay Sanhita, 2023 (BNSS) in connection with
FIR No.12/2024, registered at Police Station Cyber Police Station
(ATS & SOG), District ATS & SOG for the offence(s) under Sections
308(6), 318(4), 319(2), 111(4) & 204 of BNS.
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2. Learned counsel for the applicant, at the outset, had fairly
conceded that the first anticipatory bail application moved by the
applicant, being S.B. Criminal Miscellaneous Bail Application No.
9766/2025 (Naveen Temani vs. State of Rajasthan), came to be
dismissed by this Court vide order dated 08.10.2025.
3. It was then submitted that S.B. Criminal Miscellaneous Petition
No. 2370/2025, instituted by the present applicant seeking
quashing of the FIR under Section 528 of the Bharatiya Nyaya
Sanhita, was dismissed on 30.04.2025. It was also pointed out
that the said order was assailed before the Hon’ble Supreme Court
by way of Special Leave Petition (Criminal) No. 53217/2025, which
too came to be dismissed on 15.10.2025.
4. In the aforesaid backdrop, learned counsel for the applicant
submitted that the present application for anticipatory bail has
been filed on account of changed circumstances, as a compromise
has been arrived at between the applicant and the complainant in
respect of a commercial dispute inter-se them, and considering
the limited nature of the dispute, the applicant deserves to be
enlarged on anticipatory bail. It was further submitted that the
applicant is a bona fide individual, presently residing in Dubai and
employed as a Sales Officer. It was apprised to the Court that the
applicant was holding certain cryptocurrency as part of his
personal savings, and on account of financial necessity, the same
was transacted with the co-accused, who paid a certain amount
towards its purchase. It was urged that such transaction, in itself,
cannot be construed as implicating the applicant in any alleged act
of cyber fraud.
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5. Per contra , learned counsel appearing for the State of
Rajasthan and learned counsel appearing for the complainant,
have vehemently opposed the bail application.
6. At the outset, learned counsel for the complainant submitted
that the complainant is left with no liquidity to sustain herself or to
bear the expenses of medicines and hospitalization, apart from
her pensionary emoluments of Rs. 35,000/- per month, and that
the complainant is devoid of any means of subsistence to maintain
herself at the fag end of her life, particularly in view of her critical
medical condition.
7. Learned counsel appearing on behalf of the State submitted
that the present case is a classic instance of ‘digital arrest’,
wherein an 83 years old lady was fraudulently subjected to such
digital coercion and was compelled to transfer her pensionary
benefits/savings from her bank account, amounting to Rs. 80
lakhs. It was submitted that on account of the said incident, the
complainant suffered severe mental trauma, remained under
depression, and was admitted to the hospital for a considerable
period of time.
8. It was further submitted that the applicant is the kingpin of
the entire operation, who, in connivance with other co-accused,
has committed an international cyber-crime and extorted an
amount of Rs. 80 lakhs, which was subsequently repatriated to
Dubai. It was contended that out of the said amount, the applicant
purchased Bitcoin/USDT, as revealed during the course of a
detailed investigation. It was submitted that as many as 34 mule
accounts, at different layers (layer one and two), were utilized in
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the commission of the offence, and that 187 complaints have been
registered on the relevant portal.
9. It was submitted by the Director General of Police, Cyber
Crime, as well as the Superintendent of Police, Cyber Crime, in an
unanimous voice (appearing via video conferencing) that the
instant matter pertains to an international cyber-crime involving
the use of multiple mule accounts operated by different persons.
It was stated that the defrauded amount was transferred through
‘ hawala transactions’. It was also submitted that the mobile phone
and laptop, along with the SIM cards, are required for the purpose
of further investigation, and that an international portal is involved
in the matter. It was further stated that 18 persons have been
arrested in connection with the case, including the applicant’s
father and other co-accused. It was vehemently contended that
the accused–applicant does not deserve the grant of anticipatory
bail. It was further urged that the present case warrants a strict
approach so as to send a strong message to society that innocent
persons, particularly those not conversant with cyber frauds,
cannot be so easily deceived and exploited by individuals such as
the accused–applicant.
10. It was further contended that the purported compromise,
which is not even signed by the applicant himself but by his father,
who is absconding for a considerable period cannot be made a
ground for grant of anticipatory bail. It was urged that granting
anticipatory bail in such circumstances would adversely affect and
set back the ongoing investigation, and is neither legally nor
factually warranted in the present case.
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11. The complainant, an aged and physically feeble lady,
appeared before this Court in a wheelchair and submitted that she
is undergoing severe financial hardship. She further stated that, in
her present pitiable condition, she would be constrained to accept
even a sum of Rs. 5 to Rs. 10 lakhs by way of compromise, not
out of free will but under medical and psychological compelling
circumstances, and she therefore, signed the compromise deed. It
was further submitted that her application seeking release of the
recovered amount of Rs. 13.40 lakhs was dismissed vide order
dated 03.06.2025, by the learned Trial Court, on the ground that
the said amount is required for evidentiary purposes. It was
contended that the said amount would be of no immediate use to
her, if released only after conclusion of trial or at a later stage, she
would, in the meantime, be compelled to live in penury and
remain dependent upon her distant relatives and other persons for
sustenance.
12. Heard the submissions made by the learned counsel for the
parties, the complainant, the Police Authorities and assiduously
perused the material available on record.
13. Considering that the present matter pertains to a case of
‘digital arrest’, wherein an 83 years old lady has allegedly been
defrauded by the applicant, and further taking into account the
material emerging from the investigation indicating that the
complainant remained hospitalized for a considerable period
following the said incident, this Court takes note of the
communication dated 27.03.2026 submitted by Mr. Sugan Singh,
Deputy Superintendent of Police, Cyber Crime, which reads as
follows:–
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“
01- izdj.k esa ifjokfn;k ls 80 yk[k #i;s dh Bxh dh xbZ gS
tks cjken@fjdoj dh tkuh gSA ;fn vfxze tekur Lohdkj
dh tkrh gS rks cjkenxh@fjdojh lEHko ugha gSA
02- izdj.k esa vkjksihx.k }kjk Bxh ds #i;ksa ls
chVdkWbZu@;w,lMhVh [kjhnus ds mi;ksx esa fy;k tkuk
vuqla/kku ls lkeus vk;k gS ftlds lEcU/k esa xgu vuqla/kku
fd;k tkuk gSA
03- ifjokfn;k }kjk vkWuykbZu ntZ f'kdk;r ds voyksdu ls
ATM- MARINA MALL MARINA WALK
Hkh #i;s nqcbZ esa tfj;s
DUBAI/EMIRA TESBANKIDUBAIAE POS
rFkk e'khu ds tfj;s
fudkyk tkuk ik;k x;k gSA ftlds lEcU/k esa xgu vuqla/kku
fd;k tkuk gSA
04- izdj.k gktk esa fofHkUu O;fä;ksa ds E;qy vdkmUV dk
mi;ksx fd;k x;k gS ftlds lEcU/k esa vuqla/kku fd;k tkuk
gSA
05- izdj.k esa lkbcj Bxh ds vUrjk"Vªh; vijkf/k;ksa ds lEcU/k
esa xgu vuqla/kku fd;k tkuk gSA
06- izdj.k esa lkbcj Bxh dh jk'kh dk mi;ksx gokyk ds
ek/;e ls mi;ksx djuk ik;k x;k gS ftlds lEcU/k esa
vuqla/kku fd;k tkuk gSA
07- izdj.k esa vU; lg;ksfx;ksa ds ckjs esa ekywekr fd;k tkuk
gSA
08- izdj.k esa uohu Vsek.kh }kjk mi;ksx fy;s eksckbZy
Qksu@ysiVkWi dks tCr fd;k tkdj lkbcj Bxh djus okys
fxjksg ds lEcU/k esa vuqla/kku fd;k tkuk gSA
09- izdj.k gktk esa fofHkUu O;fä;ksa ds uke ls fle izkIr dj
Bxh esa mi;ksx fd;k x;k gS ftlds lEcU/k esa vuqla/kku fd;k
”
tkuk gSA
14. The present case, as borne out from the record, pertains to a
grave instance of organized cyber-crime in the nature of a ‘digital
arrest’, wherein an elderly lady aged about 83 years was allegedly
deceived and coerced into transferring an amount of Rs. 80 lakhs
from her bank account. The material further reflects that the
complainant suffered severe mental trauma, remained under
depression, and was hospitalized for a considerable period
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following the incident. The vulnerability of the victim, coupled with
the magnitude of the alleged offence, lends serious weight to the
prosecution’s case. The investigation, as placed before this Court,
prima facie indicates the involvement of the applicant as a key
conspirator in an international cyber fraud racket. It has been
alleged that the defrauded amount was routed through multiple
mule accounts, numbering 34, with as many as 187 complaints
registered on the relevant portal, and thereafter transferred
through hawala channels to foreign jurisdictions, including Dubai.
The material further suggests that the proceeds of crime were
utilized for purchase of cryptocurrency such as Bitcoin/USDT. The
involvement of multiple accused persons, the use of layered
financial transactions, and the transnational dimension of the
offence clearly demonstrate a well-organized and deliberated
criminal operation.
15. At this stage, it is also pertinent to note that the
investigation is at a crucial stage, with arrest of 18 persons,
including the applicant’s father and other co-accused. The
requirement of custodial interrogation, recovery of electronic
devices such as mobile phones, laptops, and SIM cards, and
unearthing the larger conspiracy cannot be ruled out. Grant of
anticipatory bail in such circumstances would seriously impede the
course of investigation. The contention of the learned counsel for
the applicant regarding the alleged compromise entered into with
the complainant does not impress this Court. Firstly, the said
compromise is not even signed by the applicant himself but by his
father. Secondly, the offence alleged is not merely of a private or
civil nature but has far-reaching ramifications on society at large,
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particularly affecting unsuspecting and vulnerable individuals. It is
well settled principle, as also held by Hon’ble Supreme Court in a
catena of judgments, inter alia , Manoj Sharma Vs. State of
Rajasthan & Ors. : 2008(16) SCC 1; Gian Singh vs. State of
Punjab : 20132 (10) SCC 303; Nariender Singh Vs. State of
Punjab : 2014 (6) SCC 466; Dimpey Gujral Vs. UT,
Chandigarh : 2013 (11) SCC 497 and State of TN Vs.
R.Vasantri Stanley : 2016 (1) SCC 376 , that in cases involving
serious economic offences and organized cyber frauds, the
element of societal impact assumes significance, and such matters
cannot be lightly compounded on the basis of a purported
settlement. This Court is also not oblivious of the submission
advanced on behalf of the complainant regarding her precarious
financial condition and the denial of interim relief in respect of the
recovered amount. The plea of the applicant that he is a bona fide
person residing abroad and that the transactions pertain to
cryptocurrency dealings, at this stage, does not inspire confidence
so as to dislodge the prima facie case emerging from the
investigation.
16. In view of the foregoing discussion, considering the gravity
of the offence, the manner in which it is alleged to have been
committed, the role attributed to the applicant, the requirement of
further investigation, and the larger societal impact, this Court is
of the considered opinion that the applicant has failed to make out
a case for grant of anticipatory bail. Accordingly, the present
anticipatory bail application stands dismissed .
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PARTING OBSERVATION :
17. This Court cannot remain unmindful of the peculiar facts and
circumstances of the present case, particularly the condition of the
complainant, who is an aged and physically feeble lady and has
suffered substantial financial and emotional distress on account of
the alleged incident. The material on record reflects that she is
presently facing acute financial hardship and is dependent upon
limited pensionary benefits for her sustenance, including medical
expenses. Though this Court, while exercising jurisdiction on the
bail roster, is not adjudicating upon the merits of release of case
property, it is considered appropriate, in the interest of justice, to
invoke the enabling provisions under Section 528 of the Bharatiya
Nyaya Sanhita, so as to ensure that the ends of justice are not
defeated on account of procedural constraints. For the sake of
handiness, the relevant invoked provision from the Sanhita is
reproduced hereinbelow:
“ 528. Saving of inherent powers of High Court. -
Nothing in this Sanhita shall be deemed to limit or
affect the inherent powers of High Court to make such
orders as may be necessary to give effect to any order
under this Sanhita, or to prevent abuse of the process
of any Court or otherwise to secure the ends of
justice.”
18. Accordingly, this Court directs the learned Trial Court i.e., the
Court of the learned Additional Sessions Judge No. 4, Jaipur
Metropolitan–I, to consider any application that may be preferred
by the complainant for release of the seized amount with due
sensitivity and promptitude, and to pass appropriate orders for
release of the amount, quantified at Rs. 13,40,790/-, upon
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exploring the possibility of releasing such amount on suitable
terms and conditions, within a period of seven days from the date
of filing of such application, subject to such terms and conditions
as may be deemed just and proper to safeguard the interests of
the trial.
19. This Court further directs the respondent–State to extend all
necessary legal and logistical assistance in facilitating the
aforesaid process, so as to ensure that the complainant is not
subjected to any undue hardship.
20. The Registrar (Judicial) is directed to forthwith transmit a
copy of this order to the learned Trial Court i.e., the Court of the
learned Additional Sessions Judge No. 4, Jaipur Metropolitan–I, for
information and necessary compliance.
(SAMEER JAIN),J
Preeti Asopa
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