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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
RAKESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 290/2023 |
| 2. | Concerned Police Station | Sadar Nagaur |
| 3. | District | Nagaur |
| 4. | Offences alleged in the FIR | Under Sections 302, 34 and 201 of IPC |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | - |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record.
5. On two occasion, the bail applications of the petitioner was rejected while giving him an opportuni
The court emphasized that bail should be granted when evidence does not warrant continued incarceration, considering the totality of circumstances.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case without commenting on the merits of the case.
The principle of parity in bail applications allows for granting bail to an accused when co-accused have been granted bail under similar circumstances.
The absence of charge-sheet and lack of evidence connecting the accused to the crime justified the granting of bail under Section 439 Cr.P.C.
The court granted bail under Section 439 Cr.P.C. based on the principle of parity and the extended duration of the trial, emphasizing the lack of strong evidence against the accused.
The court emphasized the presumption of innocence and the rule of granting bail at the pre-conviction stage, allowing bail when no substantial evidence against the accused is presented.
The central legal point established in the judgment is the court's discretion to grant bail based on the nature of the alleged offences, the length of the petitioner's incarceration, and the applicab....
The absence of eyewitnesses and lack of evidence against the accused justified the grant of bail, emphasizing the principle of preventing unnecessary detention without risk of influencing witnesses.
Bail should be granted when the accused has been in custody for a significant period without substantial evidence against them.
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