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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
AMAN KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. These applications for bail under Section 483 BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.20/2025, registered at Police Station JNVC, District Bikaner for offences under Sections 140(3), 307, 115(2), 126(2) and 3(5) 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 as per the prosecution, on 20.01.2025 complainant - Sarita Singh submitted a report before the SHO, Police Station JNVC, District Bikaner alleging inter alia that on 19.01.2025 at 05:00 PM, her son namely Abhinav had gone from home in a car to give Rs. 7,85,000/- and gold items viz. one necklace, four bangles & one ring to Gulshan Kumar Sharma. On the way, her son met with his friends namely Udit Chauhan and Dinesh. After some time, when he going towards the Challana Hospital lane with his friends, the petitioners namely Rehan Khan and Aman Khan alongwith co-accused persons namely Kabir and Adil stopped their car and sat in the car. As per the complainant, her son was beaten up by the petitioners and co-accused persons
Bail may be granted when serious allegations lack substantial recovery evidence, and judicial custody duration is considered.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail can be granted when there is no evidence of knowledge of the looted nature of items and no risk of influencing witnesses.
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.
The court granted bail due to insufficient evidence supporting allegations against the petitioner, emphasizing the context of prior relationships and lack of incriminating materials.
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.
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.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
The court emphasizes the importance of bail rights, citing insufficient grounds for continued detention post-investigation.
The completion of investigation and absence of flight risk justify granting bail under the Rajasthan Excise Act.
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