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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RUPA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.294/2024 registered at Police Station Aburoad Sadar, Dist. Sirohi, for the offences punishable under Sections 326(g), 331(3), 190, 189(2), 305, 301 and 324(4) of BNS.
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 Prema Ram, Kela Ram, Raju, Lallu, Hinda, Kanti, Rayla, Suresh and Kala (S.B. Criminal Miscellaneous Bail Application No.13849/2024) have already been enlarged on bail by this Court vide order dated 06.12.2024. Learned counsel for the petitioners further submitted that the case of the present petitioners are not distinguishable from 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.
4. Per contra, learned Public Prosecutor has vehemently opposed the bail applications. However, h
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.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
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 granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
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 may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
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