Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
PRAKASH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
This third application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.141/2022, registered at Police Station Banera, District Bhilwara, for offences under Sections 302, 396, 449, 459, 460 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 co-accused persons namely Anil (S.B. Criminal Misc. Bail Application No.7994/2023), Rakesh (S.B. Criminal Misc. II Bail Application No.9417/2023), Narayan and Pappu @ Chinya (S.B. Criminal Misc. Bail Application No.2051/2023) have already been enlarged on bail by this Court vide orders dated 21.07.2023, 04.08.2023 and 01.06.2023.
4. Drawing attention of the Court towards the statements of the eye witness- Jana Devi (PW.6), learned counsel submitted that the role assigned to the present petitioner in commission of the alleged crime is not at all distinguishable from that of the above named co-accused persons who have already been enlarged on bail. Learned counsel further submitted that though as per the prosecution, an iron rod al
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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.
Bail granted due to lack of evidence and co-accused released.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
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 when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
Bail may be granted when petitioners are not specifically named in the FIR and have no assigned role in the alleged crime, highlighting the discretionary nature of bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
