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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MOHIT KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 h
Bail granted based on completed investigation, absence of criminal record, and co-accused already released on bail.
The court granted bail based on the completion of the investigation and the civil nature of the allegations, emphasizing that the charges are triable by a Magistrate.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Section 480(6) of BNSS allows bail after 60 days in custody but does not confer an absolute right, requiring judicial discretion based on trial progress and flight risk.
The court emphasized that the right to liberty must be balanced against the seriousness of allegations and the duration of custody, allowing bail when no previous criminal record exists.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
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