HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHUTOSH KUMAR
RANGLAL S/O KISHANRAM – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
ORDER :
1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order.
2. These bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.178/2024, registered at Police Station Roopangarh, District Ajmer for the offences punishable under Sections 103(1), 109(1), 115(2), 126(2), 111(2)(a), 190, 191(2), 191(3), 308(4), 326(f) and 61(2)(a) of B.N.S., 2023 and Section 3/25 of the Arms Act, 1959 (hereinafter referred to as the Act of 1959) [later on for the offences punishable under Sections 189(2), 189(4) and 324(4) of B.N.S., 2023].
3. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel for the accused-applicants also submits that the accused-applicants have not been named in the FIR. Learned counsel further submits that the co-accused persons namely Nandram Jajunda, Pradhan Gurjar, Jeetram @ Kailash Jakhar and Rajveer Singh @ Fouji have been granted benefit of bail by the Coordinate Bench of this Court vide order dated 19.03.2025 (S.B. Criminal Misc. Bail
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 may be granted when the accused's role is not more severe than that of co-accused already granted bail, especially when trial may take a long time.
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.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
The court grants bail considering the accused's prolonged custody and the release of co-accused, emphasizing the need for fairness in bail decisions.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
The court granted bail considering the nature of charges, lengthy detention, and the status of co-accused already released on bail.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
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