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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Vinod Kumar – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. This application for bail under Section 483 of B NSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.332/2024 registered at Police Station Padampur, District Sriganganagar for the offences under Sections 109(1), 115(2), 117(2), 331(7), 125(b) & 189(2) of B NS.
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 Gurbej Singh & Mangu Singh (S. B . Criminal Miscellaneous B ail Application No.15935/2024) have already been enlarged on bail by this Court vide order dated 11.02.2025. 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 persons who have already been enlarged on bail by this Court; the challan against the 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
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
Equal treatment of co-accused in bail applications is essential, and absence of prosecution concerns justifies granting bail.
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 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 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.
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 grants bail based on the principle of equality before law, noting that similarly situated co-accused have been granted bail.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
The right to a speedy trial is fundamental, and prolonged detention without trial violates this right, warranting bail for the petitioner.
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