IN THE HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
YOGENDRA KUMAR PUROHIT, J
Dharmnarayan Singh - Appellant
Versus
State Of Rajasthan - Respondent
CRLMB 2781 of 2025
Decided On : 21-03-2025
(A) BNS Act, 2025 - Sections 111(2)
(B), 111(3), 111(6), 318(2), 318(4), 319(2), 303(2), 61(2)(A) - Information Technology Act, 2000 - Sections 66-C, 66-D - Bail application - Applicants arrested in connection with FIR for multiple offences - Co-accused granted bail, applicants claim false implication - Court emphasized the need for a fair trial and the lengthy nature of proceedings - Bail granted on conditions. (Paras 1-5)
(B) Bail - Court's discretion - The court has the authority to grant bail considering the facts and circumstances of each case, without delving into the merits of the case. (Para 4)
Order :
1. The instant bail applications have been filed by the applicants under Section 483 BNSS (439 Cr.P.C.). The applicants have been arrested in connection with FIR No. 23/2025 registered at Police Station Jai Narayan Vyas Colony, District Bikaner for the offence(s) under Section 111(2)(B), 111(3), 111(6), 318(2), 318(4), 319(2), 303(2), 61(2) (A) of BNS and 66-C, 66-D of IT Act.
2. Learned counsel for the accused-applicants submits that the applicants have been falsely implicated in the case. Co-accused Gurdev and Vikas have already been enlarged on bail by this Court vide order dated 24.02.2025 in SB Criminal Misc. Bail Application No. 1606/2025. This matter is similar to co-accused case. He further submits that regarding the documents found by the police, it has been stated that Harish Jain, Sandeep Singh and Nitin Solanki had given the bank account papers to Rohit Singh. The applicants are behind the bars. The trial may take long time to conclude. Thus, learned counsel submitted that the applicants may be enlarged on bail.
3. Per contra, learned Public Prosecutor vehemently opposed the bail applications.
4. Perused case diary and in the previous order dated 24.02.25, it was clearly mentioned in paragraph no. 4 that Harish Jain, Sandeep and Nitin Solanki had given their bank account papers to Rohit Singh because they know him. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the accused-applicants on bail.
5. Accordingly, the bail applications under Section 483 BNSS (439 Cr.P.C.) are allowed and it is ordered that the accused- applicant Jitendra Kumar S/o Jetharam, Dharmnarayan Singh S/o Daulal, Shivnarayan Singh S/o Daulal, Samarth S/o Mahesh Kumar, and Rohit Singh S/o Ranjit Singh arrested in connection with aforesaid FIR shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned lower court for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
The court has discretion to grant bail based on the circumstances of the case, emphasizing fairness and the lengthy trial process.
The court may grant bail based on the overall circumstances of the case without commenting on the merits.
The principle of parity in bail decisions necessitates granting bail to similarly situated co-accused, especially when no active role in the alleged crime is established.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
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.
Equal treatment of co-accused in bail applications is essential, and absence of prosecution concerns justifies granting bail.
The court grants bail based on the principle of equality before law, noting that similarly situated co-accused have been granted bail.
Bail may be granted when the accused is implicated based on co-accused statements without substantial evidence, especially if similar co-accused have been granted bail.
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