Maksood Alias Kada and others released on bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, with significant restrictions to ensure cooperation and prevent misuse of technology.
In a significant judgment, the Rajasthan High Court (Jaipur Bench) has granted bail to Maksood Alias Kada and his co-accused in a high-profile case involving multiple serious offenses under the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) and the Information Technology (Amendment) Act, 2008. The bail, granted by Justice Ravi Chirania on June 15, 2026, comes with a series of stringent conditions aimed at ensuring full cooperation with the investigation and preventing any misuse of technology or financial instruments by the accused.
The case involves allegations of serious offenses under Sections 319(2), 318(4), 308(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 61(2)(a), 313, and 303(2) of the B.N.S.S., along with Section 66-D of the Information Technology (Amendment) Act, 2008. The accused were initially denied bail by the District and Sessions Judge, Deeg, but upon appeal, the High Court considered their lack of criminal antecedents and the absence of any complaints against them on the '1930' portal, deciding to grant bail.
Justice Chirania's order details several conditions for the bail, highlighting the court's focus on transparency and preventing any obstruction of the investigation. The accused must furnish a personal bond of Rs. 1,00,000 with two sureties each, disclose all movable and immovable assets, and provide comprehensive details of financial transactions. They are also required to surrender their passports and restrict their use of digital and communication devices.
Furthermore, the court has mandated the accused to provide details of all electronic devices, refrain from creating new social media accounts without prior intimation, and mark their presence at the police station every 15 days. Any violation of these conditions or involvement in similar offenses within the next three years could lead to a cancellation of their bail.
The judgment underscores the court's commitment to ensuring justice while balancing the rights of the accused. The stringent conditions imposed reflect a proactive approach to prevent any misuse of technological and financial resources during the pendency of the trial.
Bottom line:-
Bail granted to accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) with stringent conditions, including disclosure of movable and immovable assets, monitoring of financial transactions, and restrictions on use of digital and communication devices.
Statutory provision(s):
- Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 319(2), 318(4), 308(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 61(2)(a), 313, 303(2), 483
- Information Technology (Amendment) Act, 2008 Section 66-D
Maksood Alias Kada v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2929014
