Bail may be granted when the sole allegation is peripheral and there is no evidence of conspiracy or intent to commit the crime.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.407/2023 registered at Police Station Sadar Banswara, District Banswara, for offences under Sections 120B, 302 and 201 IPC and Sections 3/25 and 3/25(6) of the Arms Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Drawing attention of the Court towards the challan papers, learned counsel for the petitioner submitted that the specific allegation of committing murder of the deceased-Ranchhod Dindor has been levelled against the co-accused Aakash, Naresh and Shailendra Garg. Learned counsel submitted that as per the prosecution, the allegation against the present petitioner is that he had provided the motorbike allegedly used in commission of the crime to the co-accused persons. Learned counsel submitted that there is nothing on record to indicate that the petitioner hatched a conspiracy with the other co-accused persons to commit the alleged crime and that at the time when he had provided the motorbike to the co-accused persons, he had any knowledge about their intention to commit the murder of the deceased-Ranchhod Dindor.

4. Learned counsel further submitted that the co-accused persons namely Sahil (Shahil) (S.B. Criminal Appeal No.651/2024)and Harish @ Harilal have already been enlarged on bail.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

6. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that the above named co-accused persons have already been enlarged on bail. He was also not in a position to refute the fact that the sole allegation against the petitioner is of providing motorbike to the co-accused persons namely Aakash, Naresh and Shailendra Garg which was used by them in committing the murder of the deceased-Ranchhod Dindor.

7. Having considered the rival submissions, facts and circumstances of the case and after perusing the challan papers, this Court prima facie finds that there is no material available on record indicating that the petitioner was involved in hatching a conspiracy to commit the murder of the deceased-Ranchhod Didnor. This Court further prima facie finds that the only allegation against the petitioner is of providing the motorbike to the co-accused persons and there is nothing on record to indicate that at the time when he had provided the motorbike to the co-accused persons, he had any knowledge about their intention to commit the murder of the deceased-Ranchhod Dindor. This Court further prima facie finds that the investigation against the petitioner has already been completed and the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses of the case or tampering with the evidence or fleeing away from justice in case he is enlarged on bail.

8. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Sanjay @ Sunil S/o Shri Hardu Charpota arrested in connection with F.I.R. No.407/2023 registered at Police Station Sadar Banswara, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

10. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of