HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Aijaz – 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.633/2024 registered at Police Station Sukher, District Udaipur for the offences under Sections 3/25 , 3/25(6) & 5/25 of Arms Act and Section 111 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 Tosif (S. B . Criminal Miscellaneous B ail Application No.394/2025) has already been enlarged on bail by this Court vide order dated 07.02.2025. 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 who has already been enlarged on bail by this 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 has already been enlar
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.
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 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.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
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 grants bail based on the principle of equality before law, noting that similarly situated co-accused have been granted bail.
The court granted bail based on the completion of the investigation and the simple nature of injuries, finding no risk of witness tampering or flight.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
Bail granted based on lack of conscious possession of contraband and previous bail granted to co-accused, emphasizing the trial's expected duration.
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