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2025 Supreme(RAJ) 961

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
ANKIT KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLAS / 196 / 2025



Advocates:
Mr. Sanjay Kumar Poonia, Mr. Vikram Rajpurohit, Dy.G.A. with Mr. Ravindra

Bail can be granted based on parity with co-accused and the absence of evidence justifying continued detention, emphasizing the need for expeditious trial.

Headnote:(A) SC/ST (Prevention of Atrocities) Act, 1989 - Section 14-A(2) - Criminal Procedure Code, 1973 - Section 439 - Bail application - Appellant accused in custody for serious offences under IPC and SC/ST Act - Application for bail rejected by trial Court - On grounds of parity with co-accused granted bail, Court found no fruitful purpose in keeping appellant incarcerated pending trial. (Paras 1, 6, 7)

(B) Bail - Principles governing bail - The court must consider the nature of accusations, the severity of punishment, the possibility of the accused fleeing from justice, and the grounds for denying bail. The court emphasized the importance of expeditious trial and parity in bail decisions. (Paras 3, 6)

Facts of the case:
The appellant was arrested under FIR No.415/2023 for serious offences, including attempt to murder and offences under the SC/ST Act. The trial court denied bail, but the appellant argued for his release based on false implication and the absence of the victim during the hearing.

Findings of Court:
The court found that the co-accused had been granted bail and, considering the circumstances, it was not justifiable to keep the appellant in custody.

Issues: The main issues were whether the appellant was falsely implicated and the justification for granting bail based on parity with a co-accused.

Ratio Decidendi: The court held that the appellant deserved bail due to the lack of evidence of risk of flight and the principle of parity with co-accused who had been released.

Result: Appeal allowed; bail granted.

Order :

1. The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.415/2023, Police Station Rajgarh, District Churu for the offences under Sections 307, 323, 341, 143 of IPC and Sections 3(1)(r), 3(1)(s), (2)(v) of SC/ST Act, being aggrieved by the order dated 15.01.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu in Criminal Misc. Bail Application No.11/2025, whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.

2. Despite intimation to the victim/complainant of the case regarding hearing of the bail plea, no one is present on her behalf.

3. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offence. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant.

4. Per contra, learned learned Public Prosecutor has opposed the submissions made by the learned counsel for the appellant.

5. Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.

6. Co-accused Santi Kumar has already been enlarged on bail by this Court vide order dated 05.03.2024. Thus, on the ground of parity, it would not be justifiable to keep the appellant behind the bar looking to the fact that early culmination of the trial is not a seeming fate. In this background and considering the totality of the facts and circumstances of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.

7. Consequently, the instant appeal is allowed. The impugned order is set aside. It is ordered that the accused-appellant, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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