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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
VISHNU KUMAR ALIAS PINKYA ALIAS PINKU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The jurisdiction of this Court has been invoked by way of filing 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 | 74/2018 |
| 2. | Concerned Police Station | Hamirgarh |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR | Under Sections 8/15 of NDPS Act |
| 5. | Offences added, if any | Sections 8/29 of NDPS Act and Sections 472, 473 and 474 of IPC |
| 6. | Date of passing of impugned order | 13.02.2025 |
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 accused based on conjectures and surmises. Learned counsel for the petitioner further submits that the Co-accused Rakesh @ Leeladhar has been granted bail by this Court. He further submits that case of the petitioner is not distinguishable with that of the case of the aforesaid co-accused who has already been enlarged on bail.
3. Contrary to the submissions of learned counsel for the petitioner, learn
The court emphasized the principle of parity in granting bail, particularly when co-accused have been released under similar circumstances.
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.
Insufficient evidence, primarily based on co-accused statements, does not justify prolonged incarceration; bail granted maintaining parity with co-accused.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The court emphasized that the grant of bail is contingent upon the circumstances of the case, particularly in relation to co-accused and the absence of factors against bail.
The principle of parity in bail applications allows for granting bail to an accused when co-accused have been granted bail under similar circumstances.
Bail may be granted when the accused is implicated based on co-accused statements without substantial evidence, especially if similar co-accused have been granted bail.
The prosecution must provide strong prima facie evidence to justify the denial of bail; mere assertions are insufficient for continued detention.
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 established that the principle of parity in bail applications is crucial when co-accused are granted bail under similar circumstances.
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