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.

Headnote:(A) BNS Act - Section 61(2) - Bail applications filed under Section 483 of BNSS (439 Cr.P.C.) for offences punishable under Section 61(2) of BNS - Co-accused persons previously granted bail - Petitioners in judicial custody for offences triable by Magistrate - Consideration of time for trial - Bail applications accepted. (Paras 1-7)

(B) Bail - Principles for grant - When co-accused have been granted bail, the case for the present petitioners is not distinguishable - Judicial custody and lengthy trial time considered for granting bail. (Paras 3-6)

Facts of the case:
The petitioners were arrested in connection with F.I.R. No.202/2024 for offences under Section 61(2) of BNS. Co-accused have been granted bail, and the petitioners argue that their cases are similar.

Findings of Court:
The court found that the bail applications should be accepted given the circumstances, allowing bail under specified conditions.

Issues: The main issues were whether the petitioners' cases were distinguishable from those of co-accused already granted bail and the justification for granting bail considering the lengthy trial.

Ratio Decidendi: The court ruled that the similarity of circumstances with co-accused and the lengthy trial time warranted the acceptance of bail applications, emphasizing the principle of equality in similar cases.

Result: Bail applications allowed.

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 Public Prosecutor has opposed the bail applications. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail.

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/ demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

7. Consequently, these bail applications under Section 483 of BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused- petitioners (1) Parta S/o Bhagwana, (2) Sohanlal @ Somiya S/o Devilal and (3) Bhera S/o Khema arrested in connection District Udaipur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

A copy of this order be placed in each file.

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