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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Santosh Shankar Rao – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 80/2023 registered at Police Station Pratapgarh, District Pratapgarh for the offence under Sections 406, 420 and 120-B of IPC.
2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The main allegation of conspiracy and creating forge company and extorting money from various persons by duping them are against other co-accused Upendra Singh Rudradev, Gyan Prakash, Lallan Kumar, Ranjan Kumar, Kajal Jha, Rajni Singh and Sokhilal. Learned counsel further submits that no amount was transferred into the bank account of petitioner. The entire amount obtained from various complainant was deposited in the account maintained by co- accused Upendra Singh Rudradev and in their company’s account. It is also submitted that petitioner was appointed by co-accused Upendra Singh Rudradev on fixed payment. The accused- petitioner is in custody since long and the trial of the case may take considerable time. The offences alleged to have been committed by the petition
Bail can be granted when the accused has been in custody for an extended period, and the trial is triable by Magistrate, without commenting on the case's merits.
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
Granting bail based on lack of evidence and expected lengthy trial duration.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
Bail may be granted when the sole allegation is peripheral and there is no evidence of conspiracy or intent to commit the crime.
Bail granted due to lack of evidence and co-accused released.
The court emphasized that bail should be granted when there is insufficient evidence linking the accused to the crime, especially when co-accused have been released on similar grounds.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
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