HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
BHUTTARAM BISHNOI @ BHUPENDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.55/2021 registered at Police Station Rayla Dist. Bhilwara, for the offences under Sections 147, 148, 149, 332, 353, 307, 420, 467, 468, 471, 474, 411 and 302/120-B, 34, 201, 202, 212, 225 of IPC; Sections 3, 4 of Prevention of Damage to Public Property Act; Sections 8/15, 8/27 and 8/29 of NDPS Act; and Sections 3/25, 35, 25(6), 28 and 5/27 of Arms Act.
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the FIR, challan papers and the other documents available on record, learned counsel for the petitioner submitted that the petitioner has been implicated in the present case solely on the basis of disclosure statements of co-accused Ramesh recorded while he was in judicial custody.
3. Learned counsel submitted that the allegation against the present petitioner is of transferring money to the co-accused persons through hawala with the help of one Anil Jangwani. Learned counsel submitted that neither the petitioner has been
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
Bail granted due to lack of evidence and co-accused released.
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.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
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 should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
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.
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