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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
BHAGWATI LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. This second 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.149/2023, registered at Police Station Ogna, District Udaipur, for offences under Sections 376-D & 342 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that co-accused person namely Mannalal (S.B. Criminal Miscellaneous 2nd Bail Application No. 16121/2024) has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 06.01.2025. Learned counsel further submitted that the case of present petitioner is not distinguishable from that of the above named co- accused who has already been enlarged on bail. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
4. Per Contra, learned Public Prosecutor has opposed the bail application and submitted that looking to the seriousness of allegati
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
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 from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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