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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SHARVAN KUMAR @ GOPA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.116/2024 registered at Police Station Sanchore, District Sanchore (Now Jalore), for offences under Sections 147, 458, 323, 364A, 395, 307, 384, 386, 355, 342/149 and 120B IPC.
2. Learned counsel for the petitioner submitted that the co-accused Suresh Kumar (S.B. Cr. Misc. 2nd Bail Application No.13412/2024) has already been enlarged on bail by this Court vide order dated 05.11.2024. Learned counsel submitted that the case of the present petitioner is not at all distinguishable from that of co-accused Suresh Kumar who has already been enlarged on bail.
3. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that co-accused Suresh Kumar has already been enlarged on bail.
5. Heard learned counsel for the petitioner and learned Public Prosecutor.
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.
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 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 granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
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 when investigation is complete and co-accused have received bail, despite serious allegations.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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