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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
AMIT SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
| Table of Content |
|---|
| 1. arrested in connection with (Para 1 , 2) |
| 2. petitioners are in judicial custody (Para 3 , 4 , 5) |
| 3. the nature of allegations (Para 6 , 7) |
| 4. these bail applications under (Para 8 , 9) |
Order :
1. These applications for bail under Section 483 of BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.386/2024 registered at Police Station Makrana, District Deedwana-Kuchaman for the offences under Sections 189(2), 331(6), 304(2), 326(g), 324(4) & 109(2) of BNS.
2. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that the co- accused persons namely Shakti Singh (S.B. Criminal Miscellaneous Bail Application No.352/2025), Krishan Pal @ Kuldeep Singh (S.B. Criminal Miscellaneous Bail Application No.1259/2025) and Shivraj Singh (S.B. Criminal Miscellaneous Bail Application No.1260/2025) have already been enlarged on bail by this Court vide order dated 29.01.2025. Learned counsel further submitted that the case of the present petitioners is not distinguishable from that of the above named co-accused persons.
4. Learned counsel
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 applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The court emphasized that when co-accused are granted bail under similar circumstances, the same should apply to the petitioners, considering the lengthy trial duration.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
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