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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
BABULAL – 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.70/2022 registered at Police Station Kalu, District Bikaner, for the offences under Sections 341, 364, 302, 201 and 120-B of IPC.
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner further submitted that co-accused person namely Sita Ram (S.B. Criminal Miscellaneous Bail Application No. 13210/2024) has already been enlarged on bail by this Court vide order dated 07.01.2025. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
3. Per Contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that sufficient material is available on record indicating the involvement of the present petitioner in the commission of alleged crime, there
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
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 can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The court emphasized that bail should be granted when the accused is in custody for an extended period, and there is no risk of influencing witnesses, especially when a co-accused has been granted ba....
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with 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 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 may be granted if co-accused have been released and investigation is complete, despite serious allegations.
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