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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
VIJAY PAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita on behalf of accused- petitioner. The accused-petitioner has been arrested in connection with FIR No.02/2023, registered at Police Station Sakada, District Jaisalmer for the offence(s) under Sections 5/25 Arms Act.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that the allegations of dacoity and committing theft are against the other co-accused Shrawan Singh, Rawal Singh and Anil Kumar, who have already been enlarged on bail by the trial Court. The accused-petitioner was involved in the commission of robbery/dacoity. It is alleged against the accused-petitioner that he supplied firearms to the main accused, there is no substantive evidence available on record to the fact that the accused- petitioner supplied firearms to the main accused. The accused- petitioner is in custody since 08.01.2025 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor vehemently opposes the grant of bail applicatio
Bail may be granted when there is insufficient evidence against the accused, especially if co-accused have been released on bail.
In the absence of substantive evidence, bail may be granted to prevent prolonged custody, even for habitual offenders.
The court emphasized that a lack of substantive evidence against the accused-petitioner, combined with prolonged custody, warranted the granting of bail.
Bail granted under specific conditions when no compelling reason for detention exists and investigation is substantially complete.
The court emphasizes the importance of bail rights, citing insufficient grounds for continued detention post-investigation.
The court granted bail to the accused-petitioners due to non-specific allegations and their prolonged custody, emphasizing the need for just treatment in the bail process.
The court granted bail based on the accused's prolonged custody and lack of substantive evidence linking him to the crime, emphasizing the need for timely trials.
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