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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
LAVLESH SONI @ LUCKY – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.421/2024 registered at Police Station Asind, Dist. Bhilwara, for the offences punishable under Sections 127(2), 140(3), 310(2), 317(3) of BNS and Sections 3/25 and 8/25 of Arms Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. As per the prosecution, on 25.12.2024, at around 5:00 pm, after closing the shop, the complainant was on his way to Ratanpura (Lachhodi) four persons came in a black coloured car and had snatched 7/8 kgs. of silver jewellery, 80 gms. of gold jewellery and Rs.1,80,000/- cash kept in his bag by threatening to kill him.
4. This Court looking to the nature of crime vide order dated 11.02.2025 directed the learned Public Prosecutor to procure the case diary.
5. In compliance of this Court’s order dated 11.02.2025, learned Public Prosecutor has produced the case diary before this Court. From the perusal of the case diary, this Court prima facie finds that the FIR was lodged against unknown persons. During the course of the invest
Bail can be granted when there is no evidence of knowledge of the looted nature of items and no risk of influencing witnesses.
Bail may be granted when serious allegations lack substantial recovery evidence, and judicial custody duration is considered.
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
Bail may be granted when the accused is not likely to influence witnesses and the investigation is concluded, especially if the recovery of the alleged stolen property has occurred.
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 due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
The court may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
The court granted bail based on the accused's prolonged custody and lack of substantive evidence linking him to the crime, emphasizing the need for timely trials.
The court established that anticipatory bail can be granted when there is no direct evidence of wrongdoing, and arrest should not be a tool for recovery.
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