HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAVI KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1. This second application for bail under 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.250/2024 registered at Police Station Industrial Area, District Pali, for offences under Sections 189(4), 329(3), 115(2), 191(3), 111(2)(b) , 49 and 109(1)/190 of BNS .
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the FIR, challan papers and statements of the injured persons namely Rakesh and Omdutt Dave recorded under Section 180 of the BNSS, learned counsel for the petitioner submitted that the petitioner has not been named as an accused in the present case. Learned counsel further submitted that the petitioner has been arrayed as an accused in the present case solely on the basis of disclosure statements of co-accused persons so also no weapon allegedly used in the commission of the alleged crime has been recovered at the instance of the present petitioner. Learned counsel further submitted that the statements of the injured persons namely Rakesh and Ombutt Dave clearly indicate that specific allegation of infli
A petitioner cannot be denied bail solely based on co-accused statements when not named in the FIR and lacking direct evidence.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
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.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
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 court emphasized that when co-accused are granted bail under similar circumstances, the same should apply to the petitioners, considering the lengthy trial duration.
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.
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.
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