Bail granted based on completed investigation, absence of criminal record, and co-accused already released on bail.

Order :

1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.178/2024 registered at Police Station Bali, Dist. Pali, for the offences under Sections 318(4), 316(2), 61(2) of BNS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the allegation against the present petitioner is of selling his instagram ID to co-accused Raj Bahadur. Further allegation against the present petitioner is that the petitioner after selling his instagram ID to Raj Bahadur has committed cyber fraud with the complainant- Lalit and caused him huge financial loss.

4. Learned counsel submitted that co-accused Mukesh Kumar has already been enlarged on bail by the competent criminal Court. As per the charge-sheet submitted by the investigating agency before the competent criminal Court, the master mind of the alleged crime is co-accused Raj Bahadur.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody; investigation against the petitioner has already been completed; the petitioner does not have any criminal antecedents; the offences alleged to have been committed by the petitioner are triable by a Court of Magistrate and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the co-accused Mukesh has already been enlarged on bail by the competent criminal Court and the offences alleged to have been committed by the petitioner are triable by a Court of Magistrate.

7. Having considered the rival submissions, facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Mohit Kumar S/o Vijay Kumar arrested in connection with F.I.R. No.178/2024 registered at Police Station Bali, Dist. Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.