The court granted bail based on the similarity of the petitioner's case to that of co-accused already released on bail, with no evidence of risk to witnesses or flight.

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.245/2023 registered at Police Station Bigod, District Bhilwara for the offences under Sections 365, 323, 307 of IPC.

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 Dinesh (S.B. Criminal Miscellaneous Bail Application No.14158/2023), Yashwant and Vinod (S.B. Criminal Miscellaneous Bail Application No.14029/2023) have already been enlarged on bail vide orders dated 17.11.2023. Learned counsel submitted that the petitioner’s name was not mentioned by the complainant while giving written complaint. He further submitted that the case of extortion is false on the face of it, in asmuch as, the complainant had been released by the abductors. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; 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. Learned counsel submitted that in the present case the complainant in his statement has clearly deposed that the present petitioner was part of the group which has abducted him for a ransom of Rs.50,000/- and thus, no indulgence shall be granted to the petitioner. However, they were not in a position to refute the fact that the above name co- accused persons have already been enlarged on bail by the co-ordinate Bench of this Court.

5. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds 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 by this Court. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Kundan S/o Shri Sampatlal arrested in connection with F.I.R. No.245/2023 registered at Police Station Bigod, District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.