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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Jitendra Singh - Appellant
Versus
State of Rajasthan - Respondent
CRLMB / 2582 / 2025
Decided On : 07-03-2025
(A) Indian Penal Code, 1860 - Sections 452, 302, 323, 354, and 143 - Bail application - Petitioners arrested in connection with FIR for serious offences - Co-accused released on bail - Petitioners not named in FIR - No specific role assigned to petitioners in the incident - Judicial custody and concluded investigation considered. (Paras 1, 3, 6)
(B) Bail - Granting bail is a matter of discretion - Factors such as the nature of charges, role of accused, and duration of custody are relevant - Petitioners eligible for bail given the circumstances. (Paras 4, 6)
Facts of the case:
Petitioners arrested in FIR No.134/2024 for serious offences, co-accused released on bail, and no specific role assigned to petitioners in the incident.
Findings of Court:
The court found no specific role assigned to the petitioners and determined that they should be granted bail.
Issues: The main issues included whether the petitioners were named in the FIR and whether they had a specific role in the alleged crime.
Ratio Decidendi: The court ruled that the absence of specific allegations against the petitioners justified granting bail, emphasizing that bail is a discretionary relief and should be granted when circumstances warrant it.
Result: Bail application allowed.
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 incident which occurred on 25.03.2024 has not assigned any specific role to the present petitioners for committing the alleged crime.
4. Lastly, learned counsel submitted that the petitioner is in judicial custody; investigation against the present petitioners has already been concluded; challan has already been filed against the present petitioner by the competent Criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the co-accused persons have already been enlarged on bail by the this Court.
6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioners have not been assigned any specific role in the alleged incident which occurred on 25.03.2024. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.
7. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioners Jitendra Singh S/o Mohan Singh and Pritam M. Suthar S/o Mithalal arrested in connection with F.I.R. No.134/2024 registered at Police Station Pindwara, District Sirohi, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
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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