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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Ram Kanwar – 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.494/2014 registered at Police Station Sanchore, District Jalore, for offences under Sections 409, 420, 406 and 120B of the IPC.
2. Learned counsel for the petitioner submitted that the co-accused Heer Singh (S.B. Cr. Misc. Bail Application No.10379/2016), Ratan Singh (S.B. Cr. Misc. Bail Application NO.11379/2018) and Bhanwar Singh (S.B. Cr. Misc. Bail Application No.15689/2024) have already been enlarged on bail vide orders dated 01.12.2016, 16.11.2018 and 18.12.2024 respectively. Learned counsel submitted that since the similarly situated co-accused persons have already been enlarged on bail and the case of the present petitioner is not distinguishable from that of the above named co-accused persons, the petitioner also deserves to be enlarged on bail. Learned counsel submitted that the offences alleged to have been committed by the petitioner are triable by a Court of Magistrate and there is noting on record to show that the petitioner has played an active role in commission of the alleged crime.
3. Lastly, learned counsel submitted that
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.
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.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The absence of charge-sheet and lack of evidence connecting the accused to the crime justified the granting of bail under Section 439 Cr.P.C.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
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