HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
KUNDAN – 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.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 Pr
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.
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.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
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 may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
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