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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
PARTA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
These applications for bail under Section 483 of BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.202/2024 registered at Police Station Salumber, District Udaipur, for the offences punishable under Sections 61(2) 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 submits that co-accused persons namely Keshulal @ Keshiya (S.B. Cr. Misc. Bail Application No.29/2025) and Bhera @ Nanalal & Ramesh (S.B. Cr. Misc. Bail Application No.30/2025) have already been enlarged on bail by this Court vide order dated 28.01.2025. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of above named co-accused persons who have already been enlarged on bail.
4. Learned counsel submitted that the petitioners are in judicial custody; offences alleged to have been committed by them are triable by Court of Magistrate and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
5. Per contra, learned
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 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 investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
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 when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
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 may be granted when the accused's role is not more severe than that of co-accused already granted bail, especially when trial may take a long time.
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