Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.

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 petitioner are triable by a court of Magistrate.

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

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that no recovery is due to be made from the petitioner; the offences alleged against the petitioner are triable by a Court of Magistrate. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Aman S/o Mohd. Salim arrested in connection with F.I.R. No.215/2022 registered at Police Station Shahpura (Bhilwara), Dist. Bhilwara, 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.

8. 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.