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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
BALJEET SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 13755 / 2024
(A) Indian Penal Code - Sections 323, 341, 342, 418, 395 and 397 - Bail applications filed under Section 483 BNSS for accused arrested in connection with F.I.R. No.144/2023 - Co-accused persons previously granted bail - No influence on complainant - Judicial custody and lengthy trial considered - Bail applications accepted. (Paras 1, 2, 3, 4)
(B) Bail - Grant of bail - The court considers parity with co-accused who have been granted bail and the circumstances of the case without expressing opinion on merits. (Paras 5, 6)
Facts of the case:
The petitioners were arrested in connection with F.I.R. No.144/2023 for various IPC offences. Co-accused have been granted bail, and the complainant's statements are recorded, minimizing influence risk. The petitioners argue for bail based on these factors.
Findings of Court:
The court finds that the bail applications deserve acceptance based on the circumstances and parity with co-accused.
Issues: The main issues were whether the petitioners should be granted bail considering the previous bail granted to co-accused and the current circumstances of the case.
Ratio Decidendi: The court ruled that the bail applications should be accepted based on the principle of parity with co-accused and the lengthy trial period, without prejudicing the trial court's future decisions.
Result: Bail applications allowed.
Order :
1. These applications for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.144/2023 registered at Police Station Tibbi, Dist. Hanumangarh, for the offences punishable under Sections 323, 341, 342, 418, 395 and 397 of IPC.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that the co-accused persons namely Balkar Singh @ Jaspreet Singh @ Jasvindra Sing (S.B Criminal Miscellaneous 2nd Bail Application No.16279/2023) and Sahab Singh @ Baba (S.B Criminal Miscellaneous Bail Application No.380/2024) have already been enlarged on bail by this Court vide orders dated 09.01.2024 and 17.01.2024 respectively.
4. Learned counsel for the petitioners further submitted that the statements of the complainant have already been recorded before the competent criminal Court and now there are no chances of he getting influenced by the present petitioner. It was submitted that the cases of the present petitioners are not worse than that of the above named co-accused persons who have already been enlarged on bail; the petitioners are 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-petitioners.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail applications. However, he was not in a position to refute the fact that the above named co-accused persons with whom the petitioner is claiming parity have already been enlarged on bail by this Court.
6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/ demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
7. Consequently, these bail applications under Section 483 BNSS are allowed. It is ordered that the accused-petitioners (1) Manpreet Singh @ Mani @ Kalyan Baba S/o Shree Mandar Singh and (2) Baljeet Singh S/o Gurcharan Singhand arrested in connection with F.I.R. No.144/2023 registered at Police Station Tibbi, Dist. Hanumangarh, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
9. A copy of this order be placed in each file.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
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.
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.
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 may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
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 petitioners are not specifically named in the FIR and have no assigned role in the alleged crime, highlighting the discretionary nature of bail.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
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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