Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Kuldeep Mathur, J
Sumit Manjhu – Appellant
Versus
State Of Rajasthan – Respondent
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.346/2022 registered at Police Station Raipur, District Pali, for offences under Sections 302 and 120B of the IPC.
2. Learned counsel for the petitioner submitted that the co-accused Ashok Kumar @ Ashu @ Ashuram (S. B . Cr. Misc. B ail Application No.3772/2024); Hadman Ram @ B andiya (S. B . Cr. Misc. B ail Application No.5145/2024) and B hajanlal (S. B . Cr. Misc. B ail Application No.12877/2024) have already been enlarged on bail vide orders dated 06.09.2024 and 14.01.2025 respectively. Learned counsel submitted 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.
3. Learned counsel further submitted that the statements of the complainant- Sua Kathat (PW-2) have already been recorded before the competent criminal court. The complainant Sua Kathat (PW-2), in his Court statements, has not supported the prosecution story and has turned hostile.
4. Learned counsel further contended that in the present case, the petitioner has been implicated on
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.
The court grants bail based on the principle of equality before law, noting that similarly situated co-accused have been granted bail.
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.
Equal treatment of co-accused in bail applications is essential, and absence of prosecution concerns justifies granting bail.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
The right to a speedy trial is fundamental, and prolonged detention without trial violates this right, warranting bail for the petitioner.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail may be granted when the accused's circumstances are similar to those of a co-accused already released on bail, and no risks are demonstrated by the prosecution.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
