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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Salman Khan @ Balli – Appellant
Versus
State Of Rajasthan – Respondent
Order :
KULDEEP MATHUR, J
1. This application for bail under Section 483 of B.N.S.S. has been filed by the petitioner who has been arrested in connection with FIR No.342/2024 registered at Police Station Sukher, District Udaipur, for offences under Sections 8/22 of the N.D.P.S. Act.
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 Smt. Anita @ Angel (S.B. Criminal Misc. Bail Application No.8654/2024); Himanshi @ Nannu (S.B. Criminal Misc. Bail Application No.10123/2024); Saddam Hussain @ Kankroli @ Aslam (S.B. Criminal Misc. Bail Application No.12668/2024); and Imran (S.B. Criminal Misc. Bail Application No.15551/2024) have already been enlarged on bail by this Court and co-ordinate Bench of this Court vide orders dated 24.07.2024, 12.08.2024, 11.11.2024 and 13.02.2025 respectively. Learned counsel for the petitioner further submitted that the case of present petitioner is not worse than that of the above named co-accused persons who have already been enlarged on bail.
4. Lastly, learned counsel for the petitioner submitted that the peti
Bail may be granted when the accused's role is not more severe than that of co-accused already granted bail, especially when trial may take a long time.
The court emphasized that when co-accused are granted bail under similar circumstances, the same should apply to the petitioners, considering the lengthy trial duration.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
The right to a speedy trial is fundamental, and prolonged detention without trial violates this right, warranting bail for the petitioner.
Prolonged judicial custody and lack of prosecution witness examination justify granting bail under the NDPS Act.
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