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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Farjand Ali, J.
Vikash Rajpurohit - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 18452/2021 Connected with S.B. Criminal Miscellaneous Bail Application No. 18453/2021 & S.B. Criminal Miscellaneous Bail Application No. 18454 to 18460/2021
Decided On : 17-11-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners based on the principle of parity, as similarly situated co-accused had been granted bail. The court emphasized that the offences were triable by a First Class Magistrate and that the ongoing investigation would prolong the trial, justifying the acceptance of the bail applications without delving into the merits of the case.
Fact of the Case:
The petitioners are in judicial custody for offences under IPC and the I.T. Act, and they filed bail applications under Section 439 Cr.P.C. citing that co-accused had been granted bail under similar circumstances.
Finding of the Court:
The court found that the cases of the petitioners were not distinguishable from those of the co-accused who were granted bail. It noted the offences were triable by a First Class Magistrate and that the investigation was ongoing.
Issues: Whether the petitioners are entitled to bail given the circumstances of their case and the precedent set by the co-accused being granted bail.
Ratio Decidendi: The court applied the principle of parity in granting bail, indicating that similar cases should be treated alike unless there are distinguishing factors, which were not present in this case.
Result: The bail applications were allowed, and the petitioners were ordered to be released on bail upon furnishing a personal bond and sureties.
JUDGMENT
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.226/2021 registered at Police Station Pushkar, District Ajmer for the offence(s) punishable under Section(s) 419, 420, 120-B of IPC & Sections 66 (C) & 66 (D) of I.T. (Amended) Act, 2000 .
Learned counsel for the petitioner submits that similarly situated co-accused-Sushri Swati Silaswai and Saurabh Sharma have been granted bail by this this Court vide order dated 10.11.2021 in S.B. Criminal Misc. Bail Application No.17489/2021, (2) Ravi Kumar S/o Shri Ramji Choudhary and the case of the petitioners is not distinguishable to that of co-accused. The offences are exclusively triable by the court of First Class Magistrate and investigation is going on, trial would likely to take time to culminate.
Per contra, learned Public Prosecutor has opposed the bail applications.
Heard learned counsel for both the parties.
Having regard to the facts and circumstances of this case and more particularly the fact that the offences are exclusively triable by the court of First Class Magistrate; without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, the present bail applications are allowed. It is ordered that the accused-petitioners- (1) Vikash Rajpurohit S/o Shri Mohabat Singh, (2) Ravi Kumar S/o Shri Ramji Choudhary, (3) Abhishek Meena S/o Rajesh Meena (4) Rahul S/o Suresh Kumar, (5) Tushar Barodiya S/o Shri Ramesh Chand (6) Friendi S/o Shri Parshu, (7) Krish Shukla S/o Shri Shivkumar Shukla, (8) Vikash Samariya S/o Shri Mahaveer Prasad and (9) Yash Khanna S/o Late Shri Apurva Khanna shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- each with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
A copy of this order be placed in connected file.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, a charge-sheet has been filed, and the trial is expected to take a significant ....
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court reaffirmed that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy, and similar cases have resulted in bail being granted, emphasizing the importance of ....
The court established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
Granting bail based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.
Grant of bail based on the nature of offences, previous grant of bail in similar cases, and the expected duration of the trial.
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