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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Rishi Dhuliya Alias Shakti S/o Rakesh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. nature of the application and factual background of the fir. (Para 1) |
| 2. parties argument: bail merits versus gravity of allegations. (Para 2 , 3 , 4) |
| 3. evaluation of evidence and judicial determination of bail eligibility. (Para 5 , 6 , 7 , 8) |
| 4. final dismissal order and procedural trial directives. (Para 9 , 10 , 11) |
ORDER :
1. The present 3rd bail application under Section 483 of BNSS is filed by the applicant-accused Rishi Dhuliya Alias Shakti S/o Rakesh, seeking bail in respect of a criminal case registered as FIR No. 239/2024 dated 09.08.2024 registered at P.S. Vigyan Nagar, District - Kota City, for the offence under Sections 309(6) and 311 of BNS, 2023.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.
3. Learned Counsel for the petitioner submitted that the first bail application of
Bail in serious criminal matters is not granted when the material on record establishes a prima facie case of complicity, particularly in successive applications where the gravity of the allegations ....
Bail is denied when the offence is of a serious nature and the accused has criminal antecedents, even if there is a delay in trial proceedings, provided that prima facie evidence of complicity exists....
Bail may be granted when the investigation is complete, the trial is likely to be protracted, and the accused has been in custody for a significant period, provided the court is satisfied that the ac....
Where an accused defaults on bail conditions due to a justifiable reason and is no longer required for investigation, the court may exercise its discretion to grant bail, particularly when the trial ....
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