HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
JASRAJ @ JASWANT – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This 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.196/2015, registered at Police Station Gudamalani, District Barmer, for offence under Section 397 of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the prosecution, the petitioner who was armed with a deadly weapon looted Tavera vehicle bearing registration No. RJ-04-UA-1729 of the complainant by putting him under a fear of death. Learned counsel submitted that the petitioner has been falsely implicated in the present case.
4. Learned counsel submitted that the vehicle allegedly looted by the petitioner has already been recovered by the Investigating Agency; the petitioner is in judicial custody; the investigation against him has already been concluded; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, learned counsel for the com
Bail may be granted when the accused is not likely to influence witnesses and the investigation is concluded, especially if the recovery of the alleged stolen property has occurred.
Bail may be granted when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.
The court may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
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.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
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