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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
ASURAM – 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.253/2022 registered at Police Station Surajpol, District Udaipur, for offences under Sections 419, 420, 467, 468 and 471 IPC and Sections 3, 4 and 6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the prosecution, one Naresh Kumar appeared as a dummy candidate in place of the present petitioner for the recruitment to the post of Village Development Officer Competitive Examination conducted by the recruitment agency. Learned counsel submitted that the co- accused Naresh Kumar, who had allegedly appeared as dummy candidate in place of the present petitioner, has already been enlarged on bail by a competent criminal Court vide order dated 19.07.2022.
4. Learned counsel submitted that the petitioner is in judicial custody; no recovery is due to be effected from him; he does not have any criminal antecedents and the trial of the
The court granted bail based on the absence of criminal antecedents, the co-accused's earlier bail, and the lack of pending recovery from the petitioner.
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 may be granted if the investigation is complete and no further recovery is pending, balancing the rights of the accused with the seriousness of the charges.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
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.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
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