Bail granted under Section 439 Cr.P.C. due to completed investigation and absence of risk of influencing witnesses.

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 petitioners have been arrested in the present case only on the basis of suspicion; and thus no case for the alleged offences has been made out against the petitioners and their incarceration is not warranted in the present case.

5. Lastly, learned counsel submitted that the petitioners are in judicial custody, investigation against them has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail applications. However, he was not in a position to refute the fact that the investigation against the petitioners has already been completed. He was also not in a position to refute the fact that the offences alleged against the petitioners are triable by a court of Magistrate.

7. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the offences alleged against the petitioners are triable by a court of Magistrate and the investigation against them has already been completed; learned Public Prosecutor has not shown any apprehension of petitioners influencing the prosecution witnesses, tampering with the evidence or fleeing away from justice, in case they are enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

8. Consequently, these bail applications under Section 439 Cr.P.C. (483 BNSS) are allowed. It is ordered that the accused-petitioners (1) Suresh S/o Man Ji, (2) Manish S/o Shri Dhul Ji, (3) Naresh S/o Dal Ji, (4) Bharat S/o Gautam, (5) Pankaj @ Panku S/o Sh. Dungarji, (6) Darshilpuri S/o Sh. Shambhupuri, (7) Ramesh S/o Dayalal, (8) Dilip S/o Prem Ji and (9) Rohit S/o Amar Ji arrested in connection with F.I.R. No.481/2024 registered at Police Station Kotwali Dungarpur, District Dungarpur shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their 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.

10. A copy of this order be placed in each file.