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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
BALJEET SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 pe
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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