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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE YOGENDRA KUMAR PUROHIT, J
Dharmnarayan Singh – Appellant
Versus
State Of Rajasthan – Respondent
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 cl
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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