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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MANISH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
These applications for bail under Section 439 Cr.P.C. (483 BNSS) have been filed by the petitioners who have been arrested in connection with F.I.R. No.481/2024 registered at Police Station Kotwali Dungarpur, District Dungarpur for the offences punishable under Sections 308(2), 319(2), 318(4), 61(2)(a) and 111(2)(b) of BNS and Sections 66D and 67 of IT Act .
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submits that the allegation levelled against the petitioners is that they made fake registrations on websites named “Locanto”, “Oklupe”, “Sudko” and cheated innocent persons in the name of providing escort service and got the money deposited by them in fake bank accounts. Learned counsel submitted that as per prosecution, 18 mobile phones, a large number of SIM cards, ATM cards etc. have been recovered at the instance of present petitioners.
4. Learned counsel submitted that in a nutshell the allegation levelled against the petitioners is of committing cyber fraud; no individual has made any criminal complaint against any of the petitioners; the pe
Bail granted under Section 439 Cr.P.C. due to completed investigation and absence of risk of influencing witnesses.
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.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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