J. B. PARDIWALA, R. MAHADEVAN
X – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. This petition arises from the impugned order passed by the High Court of Judicature for Rajasthan at Jodhpur dated 12-02-2024 in SB Criminal Miscellaneous Bail Application No.1351/2024 by which the bail application filed by the Respondent No.2 – herein (original accused) came to be allowed and the Respondent No.2 was ordered to be released on bail pending trial.
2. It appears from the materials on record that a First Information Report came to be lodged by the petitioner – herein dated 18-09-2023 against the Respondent No.2 – herein and a co-accused for the offence punishable under Section 376D and Section 342 of the Indian Penal Code. The FIR bearing No.83/2023 was registered with Police Station Nachna, District Jaisalmer, Rajasthan.
3. The Respondent No.2 – herein and the co-accused were arrested in connection with the alleged offence. The co-accused was ordered to be enlarged on bail long time back.
4. It appears that after the FIR was registered, the statement of the victim, i.e., the petitioner – herein was recorded by the Magistrate under Section 164 of the Code of Criminal Procedure, 1973.
5. Upon conclusion of the investigation, charge-sheet was filed.
6. The criminal
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Bail – An undeserving bail granted cannot be allowed to stand.
While granting bail, relevant considerations are nature of seriousness of offence; character of evidence and circumstances which are peculiar to accused and likelihood of accused fleeing from justice....
The judgment emphasizes the importance of the district judiciary's independence in considering bail applications and highlights the appropriateness of the Trial Judge's exercise of discretion to gran....
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(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
Bail – Court should not impose unreasonable/onerous condition while granting bail to accused.
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The main legal point established in the judgment is the requirement for reasoned bail orders, especially in cases involving serious offenses, and the factors to be considered while granting bail.
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