Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Mukesh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1. These applications for bail under Section 483 of BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.265/2024 registered at Police Station Ratanada, District Jodhpur for offences under Sections 318(4), 319(2) & 61(2)(a) of BNS.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that as per the prosecution, in place of petitioner Kuldeep Singh, petitioner Mukesh appeared as a dummy candidate in the medical examination conducted by the Army at Military Hospital, Jodhpur for the post of Sepoy (Agniveer Yojna).
4. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Lastly, learned counsel submitted that the petitioners are in judicial custody; no recovery is due to be effected from them; and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioners on bail.
5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute
Bail may be granted if the investigation is complete and no further recovery is pending, balancing the rights of the accused with the seriousness of the charges.
The court emphasized that when co-accused are granted bail under similar circumstances, the same should apply to the petitioners, considering the lengthy trial duration.
The court granted bail based on the absence of criminal antecedents, the co-accused's earlier bail, and the lack of pending recovery from the petitioner.
Bail may be granted when petitioners are not specifically named in the FIR and have no assigned role in the alleged crime, highlighting the discretionary nature of bail.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
