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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Rupendra Pal Singh @ Vickey – Appellant
Versus
State Of Rajasthan – Respondent
Order :
KULDEEP MATHUR, J.
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.28/2015 registered at Police Station Sandva, District Churu, for offences under Sections 302, 302/149, 341 & 148 of IPC and Section 27 of Arms Act.
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 the petitioner is in judicial custody since 28.03.2018. Learned counsel submitted that the co-accused persons namely Devendra Pal @ Gattu (S.B. Criminal Miscellaneous Bail Application No.5873/2023) and Jitendra Singh @ Jeetu Charan (S.B. Criminal Miscellaneous 4th Bail Application No.2543/2023) have already been enlarged on bail by the co-ordinate Benches of this Court vide orders dated 03.10.2023 and 05.12.2023 respectively. Learned counsel further submitted that three more co-accused persons namely Tejpal Singh, Azad Singh and Balveer have already been enlarged on bail by the competent Criminal Court vide orders dated 12.10.2023, 07.11.2023 and 05.12.2023 respectively.
4. Drawing attention of the Court towards the c
The right to a speedy trial is fundamental, and prolonged detention without trial violates this right, warranting bail for the petitioner.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
The court emphasized that the absence of substantial evidence and the prolonged custody of the petitioner justified the grant of bail, notwithstanding the serious nature of the allegations.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Prolonged judicial custody and lack of prosecution witness examination justify granting bail under the NDPS Act.
Bail may be granted when the accused's role is not more severe than that of co-accused already granted bail, especially when trial may take a long time.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
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.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Equal treatment of co-accused in bail applications is essential, and absence of prosecution concerns justifies granting bail.
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