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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE YOGENDRA KUMAR PUROHIT, J
KRISHNA SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 2343 / 2025
Certainly. Based on the provided legal document, here are the key points:
The court considered bail applications filed by multiple applicants in connection with FIR No.51/2025, which involves offences under Sections 115(2), 126(2), 189(2), 74, and 332(c) of the relevant Act (!) (!) .
The applicants were accused in a land dispute case and had been imprisoned. They argued for bail on the grounds of false implication and the expectation of a prolonged trial (!) .
The applicants claimed that they had attempted to settle the dispute and that their continued detention was unjust, especially considering the potential length of the trial process (!) .
The court emphasized that the decision to grant bail was based on the overall circumstances of the case without commenting on the merits of the case itself (!) .
The court found it appropriate to grant bail to the applicants, considering the circumstances, including their potential for false implication and the delay in trial proceedings (!) .
The bail was granted on the condition that each applicant furnishes a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each, to ensure their appearance at all court hearings (!) .
The court's primary concern was whether bail should be granted, and it decided in favor of bail based on the overall facts, without delving into the case's merits (!) .
The decision underscores that bail can be granted based on the overall circumstances, including factors such as false implication and the length of the trial, rather than solely on the merits of the case (!) .
Please let me know if you need further analysis or specific legal advice related to this case.
ORDER :
YOGENDRA KUMAR PUROHIT, J.
1. The instant bail applications have been filed by the applicants Harmesh Singh S/o Kala Singh, Krishna Singh S/o Preetam Singh, Sukhchain Singh S/o Purn Singh, Nawab Singh, S/o Darshan Singh, Sandeep Singh S/o Ranjeet Singh, Banjar Singh S/o Kishore Singh, Balkaran Singh S/o Hakam Singh, Gurmeet Singh S/o Indra Singh under Section 483 BNSS against the order impugned passed by learned court below in connection with FIR No.51/2025 registered at Police Station Suratgarh Sadar District Sri Ganganagar for the offence(s) under Sections 115(2), 126(2), 189(2), 74 & 332(c) of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. He further submits that there is a dispute of land in this matter and applicants had also gone for settlement. He further submits that applicants are behind the bars and trial may take long time to conclude thus, they deserve to be enlarged on bail.
3. Per contra, learned Public Prosecutor opposed the bail application.
4. Considering the submissions advanced on behalf of the parties, perusing the case diary, and looking to the overall facts and circumstances of the case, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the applicants on bail.
5. Accordingly, the bail applications under Section 483 BNSS are allowed and it is ordered that the accused-applicants shall be enlarged on bail in the aforesaid FIR provided they furnish a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Lower Court for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
The court may grant bail based on the overall circumstances of the case without commenting on the merits.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
The court has discretion to grant bail based on the circumstances of the case, emphasizing fairness and the lengthy trial process.
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.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
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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