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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Praveer Bhatnagar, J
JAVED @ JABBA S/O ISMAIL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.447/2024 registered at Police Station Pahari, District Deeg for the offence(s) under Sections 319(2), 318(4), 338, 336(3), 340(2) and 308(2) of BNS and Sections 66D and 66E of IT Act and Section 3/25 of Arms Act.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is alleged against the accused-petitioner that he supplied the illegal arms to the other co-accused Aabid. Apart from the disclosure statement of other co-accused Aabid, there is no other substantive evidence available on record that the accused-petitioner supplied the illegal arm to the other co-accused Aabid. The accused-petitioner is in custody since long and 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 bail application and contended that against the accused-petitioner, 12 criminal cases were registered under various offences and the accused-petitioner
The court emphasized that a lack of substantive evidence against the accused-petitioner, combined with prolonged custody, warranted the granting of bail.
In the absence of substantive evidence, bail may be granted to prevent prolonged custody, even for habitual offenders.
Bail may be granted when there is insufficient evidence against the accused, especially if co-accused have been released on bail.
The court granted bail to the accused-petitioners due to non-specific allegations and their prolonged custody, emphasizing the need for just treatment in the bail process.
The absence of prior criminal history and lack of direct involvement in the allegations against the accused-petitioner justified the grant of bail.
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 granted bail due to insufficient evidence linking the accused-petitioner to drug trafficking, despite prior criminal history.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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