HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
LAXMAN DAS @ PAPPU – Appellant
Versus
STATE OF RAJASTHAH – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.413/2023 registered at Police Station Kotwali Ganganagar, Dist. Sri Ganganagar, for the offences under Sections 420, 406 and 120-B of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the allegation against the present petitioner is that he had fraudulently sold the house of the complainant’s daughter-in-law, by using the documents which were handed over to him as security against the amount borrowed by her.
4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. It was also submitted that the offences alleged to have been committed by the petitioner are triable by Court of Magistrate and a pure civil dispute between the parties has been given the color of criminal offences.
5. Lastly, learned counsel 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.
6. Pe
The court granted bail based on the completion of the investigation and the civil nature of the allegations, emphasizing that the charges are triable by a Magistrate.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
Bail granted based on completed investigation, absence of criminal record, and co-accused already released on bail.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
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