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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
SURESH KUMAR – 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.132/2024 registered at Police Station Maulasar, District Deedwana-Kuchaman, for the offences under Sections 452, 341, 342, 323, 307, 395 and 397 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 Sonu (S.B. Criminal Miscellaneous Bail Application No.12303/2024), Rajendra Meena (S.B. Criminal Miscellaneous Bail Application No.14668/2024) and Jitendra Burdak @ Jitu (S.B. Criminal Miscellaneous Bail Application No.13572/2024) have already been enlarged on bail by this Court and co-ordinate Bench of this Court vide orders dated 07.10.2024 and 02.12.2024. Learned counsel further submitted that case of the present petitioner is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the challan has already been filed and the trial of the case
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.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
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.
Equal treatment of co-accused in bail applications is essential, and absence of prosecution concerns justifies granting bail.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
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