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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
SANJAY @ SUNIL – 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 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 a
Bail may be granted when the sole allegation is peripheral and there is no evidence of conspiracy or intent to commit the crime.
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 absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
The court granted bail due to lack of evidence against the petitioner and the prior bail granted to co-accused, emphasizing the importance of these factors in bail considerations.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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 may be granted if co-accused have been released and investigation is complete, despite serious allegations.
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.
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