HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
AMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
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.215/2022 registered at Police Station Shahpura (Bhilwara), Dist. Bhilwara, for the offences under Sections 420 and 409 of IPC.
2. Learned counsel for the petitioner submitted that as per prosecution, the petitioner who was working in Bharat Finance Inclusion Limited, collected cash from the women of rural areas for depositing against ongoing loans and also collected money from them on the false pretext of getting new loans sanctioned in their favour but did not deposit the money so collected in the bank.
3. Learned counsel for the petitioner submitted that the petitioner is in judicial custody; no recovery is due to be made from the petitioner; the offences alleged against 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.
4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he is not a position to refute the fact that the offences alleged against the pet
Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.
The court emphasized that when co-accused are granted bail under similar circumstances, the same should apply to the petitioners, considering the lengthy trial duration.
The court held that bail may be granted when the offence is triable by a Magistrate, and prolonged detention without a trial serves no purpose.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
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.
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 may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
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