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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
AASHISH KUMAR – 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.273/2024 registered at Police Station Rawla, District Anupgarh, for offences under Sections 115(2), 126(2), 74, 324(5), 109(1), 189(2) and 110 of BNS.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that co-accused persons namely Neeraj Kumar, Tribhuvan (S.B. Criminal Miscellaneous Bail Application No. 16036/2024); and Mangi @ Vishal, Suryapal (S.B. Criminal Miscellaneous Bail Application No. 15104/2024) have already been enlarged on bail by this Court vide order dated 24.01.2025. Learned counsel further submitted that the case of present petitioner is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the challan against him has already been filed before the competent criminal Court and the trial of the case will take sufficiently long time, t
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.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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 when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
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 granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
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 petitioners are not specifically named in the FIR and have no assigned role in the alleged crime, highlighting the discretionary nature of bail.
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