HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA, J
JILSAD S/O ISSAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 14898 / 2024
Order :
1. This bail application has been filed by the petitioners under Section 483 of the B.N.S.S. in connection with FIR No.256/2024 registered at Police Station Khoh, District Deeg for offences under Sections 303(2), 308(2), 313, 317(2), 317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2) & 61(2)(a) of B.N.S. and Section 66D of Information Technology (Amendment) Act, 2008 .
2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and they are in custody since 10.11.2024. Counsel further submits that Police after completion of investigation has submitted charge-sheet in the matter and the petitioners are no more required for any kind of interrogation or recovery. Counsel further submits that no other criminal case is pending against the petitioners in view of the order of the court below, therefore, they may be released on bail.
3. Learned Public Prosecutor appearing for the State has opposed the bail application.
4. Considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor.
5. Having regard to the submissions made by learned counsel for the petitioners so also the fact that Police after completion of investigation has submitted charge-sheet in the matter and also the fact that no other criminal case is pending against the petitioners and they are in custody since 10.11.2024, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.
6. Accordingly, this bail application is allowed and it is directed that accused-petitioners shall be released on bail provided they shall furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only) each, together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. It has been brought to the notice of this Court that the accused-persons of particular areas, who are involved in the online fraud, after their release from a criminal case, will celebrate their release in public. Hence, taking into consideration the aforesaid aspect, a condition is imposed that the petitioners shall not celebrate their release in public and if they are found to be involved in celebrating his release in public, the State shall be at liberty to move the application for cancellation of their bail.
Bail should be granted when there is no ongoing investigation or need for interrogation, and no other criminal cases pending against the accused.
The court granted bail considering the nature of charges, lengthy detention, and the status of co-accused already released on bail.
The court determined that absence of evidence connecting the applicant to the alleged crime justified his entitlement to bail under BNSS, 2023.
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