HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
AARISH PATHAN S/O MUNNA ALI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 2049 / 2025
Order :
1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.425/2024, registered at Police Station Anta, District Baran for the offence(s) under Section 309(4) of BNS.
2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated under Sections 310(2) and 61(2) of BNS. It is contended that the main allegations of committing robbery of jewellry articles are against the other co- accused namely Meran @ Mehran Khan, Shoyab @ Gamori and Aabid Khan @ Kaka. It is alleged against the accused-petitioner that he conducted surveillance of the complainant and furnished information to the other co-accused. It is also contended that apart from the disclosure statements of the co-accused, there is no substantive evidence available on record indicating the fact that the accused-petitioner conducted surveillance of the complainant and thereafter, furnished information to the other co- accused. No recovery of stolen articles were effected from the possession of the accused-petitioner. The accused-petitioner is in custody since long and investigation/trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the accused-petitioner conducted recce of the complainant and thereafter, furnished information to the main accused. It is alleged against the other co-accused that they have committed robbery of jewellry articles from the complainant, therefore, considering the allegations levelled against the accused-petitioner, the bail application of the accused-petitioner may be dismissed.
4. Heard and perused the material available on the record.
5. It is not desirable to express anything on the merits of the case, the main allegations of committing robbery of jewelry articles are against the other co-accused namely Meran @ Mehran Khan, Shoyab @ Gamori and Aabid Khan @ Kaka. The accused- petitioner is in custody since long and the investigation/trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioner on bail.
6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner Aarish Pathan S/o Munna Ali, in connection with FIR No.425/2024, registered at Police Station Anta, District Baran, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach of the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.
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 determined that insufficient evidence justified granting bail to the accused under specific conditions.
Pre-arrest bail may be granted under Section 482 BNSS where custodial interrogation is unnecessary due to weak prima facie case and no antecedents.
The court affirms that pre-arrest bail is not granted as a matter of course, especially when the allegations are serious and investigations are ongoing.
The court determined that the applicant, after serving seven months in custody and with no prior criminal record, is entitled to bail despite serious allegations against him.
Bail may be granted when there is insufficient evidence against the accused, especially if co-accused have been released on bail.
The court emphasized bail's conditionality regarding cooperation with ongoing investigations, considering prior custody duration.
The court emphasized that a lack of substantive evidence against the accused-petitioner, combined with prolonged custody, warranted the granting of bail.
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