Equal treatment of co-accused in bail applications is essential, and absence of prosecution concerns justifies granting bail.

Order :

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.140/2024 registered at Police Station Tidi, District Udaipur for the offences under Sections 126(2), 115(2), 118(2), 109(1) & 3(5) of BNS.

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 co- accused persons namely Chandulal (S.B. Criminal Miscellaneous Bail Application No.15055/2024), Thavarchand and Rakesh (S.B. Criminal Miscellaneous Bail Application No.13750/2024) have already been enlarged on bail vide order dated 18.12.2024. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the case of the present petitioner is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail by this Court; the challan against the present petitioner has already been filed before the competent Criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per Contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the above name co-accused persons have already been enlarged on bail by this Court.

5. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail by this Court. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Mava S/o Lalu arrested in connection with F.I.R. No.140/2024 registered at Police Station Tidi, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.