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.

ORDER :

(PRAVEER BHATNAGAR, J.)

1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.30/2024, registered at Police Station Cyber Police Station (Kota City), District Kota City, for the offence(s) under Section 420 of IPC and Section 66-D of I.T. Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the main allegation of causing cyber fraud with the complainant and transferring the amount of Rs.42,01,169/-, is against the other co-accused Rohit Goyal. It is also contended that co-accused Rohit Goyal after linking the mobile No.823968XXXX with the account of the complainant withdrew the said amount and deposited in the account of other co-accused Maninder Singh and Harshraj. It is further contended that the accused-petitioner did not open the account of co-accused Maninder Singh, as that account was operated by the other co-accused Rohit Goyal. During the investigation, Sim No.823968XXXX, which was used for transferring the amount from the account of the complainant was also recovered from the other co-accused Rohit Goyal. In the charge-sheet, it is clearly mentioned that co-accused Rohit Goyal used the said sim in several mobiles and thereafter fraudulently transferred the amount in the account of Maninder Singh and the said account was also being operated and used by Rohit Goyal. The accused-petitioner is behind the bars since 17.12.2024, the charge-sheet has already been produced and there is no chance of tempering with the evidence. The accused-petitioner is resident of Ganga Nagar and shall abide by the conditions imposed upon him, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the accused-petitioner in connivance with the main co-accused Rohit Goyal opened the account in the name of Maninder Singh and thereafter got the amount of complainant account transferred in the account of Maninder Singh, the amount transferred in the account of Maninder Singh is about 32,00,000/-, therefore, considering the above facts, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on the record.

5. The main allegations of using account of the complainant and operating it through mobile No.823968XXXX is against the other co-accused Rohit Goyal. From the possession of Rohit Goyal Sim containing No.823968XXXX with the several mobile sets were recovered. The investigation has revealed that Rohit Goyal was operating the account of complainant and also of the other co- accused Maninder Singh. The charge-sheet has already been produced against the petitioner. The petitioner is resident of Gangapur City Rajasthan. The accused-petitioner is in custody since 17.12.2024, the trial of the case may take considerable time and apart from one case, there is no other criminal case registered against the accused-petitioner, therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Karandeep Singh S/o Bhupendra Singh, in connection with FIR No.30/2024, registered at Police Station Cyber Police Station (Kota City), District Kota City, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO