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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHUTOSH KUMAR, J
NOBAT S/O NANCHARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present bail application has been filed by the accused- petitioner under Section 483 of the B.N.S.S, 2023 against the order dated 27.01.2025 passed by learned Additional Sessions Judge No.1, Bandikui, District Dausa in connection with FIR No.5/2024, registered at Police Station Kolwa, District Dausa for the offences under Sections 420 and 406 of the IPC by which the bail application of the accused-petitioner under Section 439 of Cr.P.C has been dismissed.
2. Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel also submitted that the charges levelled against the accused-petitioner are triable by the Judicial Magistrate First Class and investigation has already been completed. Learned counsel further submitted that the present accused-petitioner has not been named in the impugned FIR.
3. Learned counsel for the accused-petitioner contended that the other co-accused persons namely Deepak and Sohan have already been granted benefit of bail vide order dated 16.01.2025 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.52/2025 connected with S.B. Criminal Miscellaneous
The court grants bail considering the accused's prolonged custody and the release of co-accused, emphasizing the need for fairness in bail decisions.
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 can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
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 granted bail to accused-applicants due to lack of specific allegations against them and the precedent of co-accused being granted bail, emphasizing the lengthy investigation process.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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