Bail may be granted when the investigation is complete, and there is no evidence of flight risk or tampering with evidence.

Order

This application for bail under Section 483 BNSS (Section 439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.374/2024 registered at Police Station Mahamandir, District Jodhpur City East, for offences under Sections 111(2)(b), 111(3), 111(4), 111(6), 317(2)(5), 318(4) & 61(2)(b) of BNS.

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

Learned counsel for the petitioner submitted that as per the prosecution, the petitioner was actively involved in illegal business/ transaction of sending and receiving money from abroad via USDT. Learned counsel submitted that petitioner, who is aged about 24 years was only receiving commission for doing the aforesaid business/transaction. Learned counsel further submitted that no private complaint has been lodged in the matter and the petitioner does not have any criminal antecedents.

Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; investigation against him has already been completed; challan has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is involved in cyber crimes, and therefore, looking to the seriousness of the allegations against the petitioner, he does not deserve to be enlarged on bail. However, he was not in position to refute the fact that investigation against petitioner has already been concluded and challan has been filed.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that petitioner, who is aged about 24 years, is in judicial custody; investigation against him has already been completed and challan has been filed and the prosecution has not shown any apprehension of the petitioner involving in a case of similar nature or influencing the material prosecution witnesses or tampering with evidence or fleeing away from justice, in case, he is enlarged on bail by this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 BNSS (Section 439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Jayesh S/o Bitthal Harsh arrested in connection with F.I.R. No.374/2024 registered at Police Station Mahamandir, District Jodhpur City East, 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.