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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHUTOSH KUMAR
Dilkhush Meena, S/o. Shri Rameshwar Meena – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
Order :
(ASHUTOSH KUMAR, J.)
1. As these bail applications have been filed against the order of dismissal of bail applications of the present accused-applicants pertaining to the same FIR, they are being heard and decided by the instant common order.
2. The present bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 03.01.2025, 07.01.2025 & 06.02.2025 passed by learned Additional Sessions Judge No.05, Jaipur Metropolitan First in connection with FIR No.12/2024, registered at Police Station Cyber Police Station (ATS & SOG), District Jaipur Metropolitan for the offences punishable under Section 66D of The Information Technology (Amendment) Act, 2008 and Sections 308(6), 318(4), 319(2), 111(4) & 204 of BNS, 2023, by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed.
3. Learned counsel for the accused-applicants submitted that the accused-applicants have falsely been implicated in this matter. The charges levelled against the accused-applicants are triable by the Judicial Magistrate. Learned counsel for the accused-applicants argued that the accused-applic
The court granted bail considering the nature of charges, lengthy detention, and the status of co-accused already released on bail.
Bail should be granted when there is no ongoing investigation or need for interrogation, and no other criminal cases pending against the accused.
Section 480(6) of BNSS allows bail after 60 days in custody but does not confer an absolute right, requiring judicial discretion based on trial progress and flight risk.
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.
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 applications granted due to prolonged custody despite serious allegations; conditions imposed to prevent interference with investigation.
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