HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAKESH PANDAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. This 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.141/2024 registered at Police Station Banipura, District Churu, for offences under Sections 103(1), 109(1), 117(2), 126(2) and 61(2)(A) of BNS.
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 Kailash (S.B. Criminal Miscellaneous Bail Application No. 15521/2024) has already been enlarged on bail by this Court vide order dated 20.01.2025. 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; the challan against him has already been filed before the competent criminal Court 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 and learned counsel for t
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 should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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 has not played an active role in the alleged crime and the trial is expected to be lengthy.
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 can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
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