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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Jitendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1. This application for bail under Section 483 of BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.134/2024 registered at Police Station Pindwara, District Sirohi, for the offences under Sections 452 , 302 , 323 , 354 and 143 of IPC .
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 the co- accused persons namely Janakpal Singh (S.B. Criminal Miscellaneous Bail Application No.12597/2024), Mahipal Singh (S.B. Criminal Miscellaneous Bail Application No.10822/2024) and Manohar Singh (S.B. Criminal Miscellaneous Bail Application No.11462/2024) and Ajit Singh (S.B. Criminal Miscellaneous Bail Application No.15447/2024) have already been enlarged on bail by this Court vide orders dated 26.11.2024 and 12.12.2024 respectively. Drawing attention of this Court towards the FIR, learned counsel for the petitioners submitted that the petitioners have not been named in the FIR. Learned counsel further submitted that the complainant Sarif Khan who has also allegedly received grievous injuries in the alleged inci
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 can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
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 the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
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 allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
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 absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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