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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Rajuram Kaswan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This third application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.135/2022, registered at Police Station Deshnok, District Bikaner, for offences under Sections 302, 341, 506, 147, 148 and 149 of IPC.
2. Learned counsel for the petitioner submitted that the co-accused Sitaram Kaswan (S.B. Criminal Misc. Bail Application No. 13992/2023) has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 21.11.2023. Learned counsel submitted that case of the present petitioner is not distinguishable from that of the case of Sitaram Kaswan who has already been enlarged on bail.
3. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant Shri Bholaram Chahar submitted that in the present case, looking to the specific role as
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 if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
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 from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
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