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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Saleem Kalbeliya S/o Amarlal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. registration of bail application under section 483 bnss. (Para 1) |
| 2. contentions regarding innocence, investigation status, and criminal history. (Para 2 , 3 , 4) |
| 3. evaluation of evidence and criminal antecedents for bail denial. (Para 5 , 6 , 7 , 8) |
| 4. final order dismissing bail with trial expedition instructions. (Para 9 , 10 , 11) |
ORDER :
1. The present 3rd bail application under Section 483 of BNSS is filed by the applicant-accused Saleem Kalbeliya S/o Amarlal, seeking bail in respect of a criminal case registered as FIR No. 125/2024 dated 29.04.2024 registered at P.S. Sangod, District - Kota, for the offence under Sections 341, 323, 34 and 382 of IPC.
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 investigation/trial, which will take time.
3. Learned counsel for the petitioner submits that the present petitioner
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....
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 ....
The court grants bail considering the accused's prolonged custody and the release of co-accused, emphasizing the need for fairness in bail decisions.
The court denied bail based on the serious nature of the charges and the risk of evidence tampering, highlighting that the accused did not demonstrate sufficient change in circumstances.
Bail cannot be granted in heinous offences.
Prolonged custody without trial completion and lack of specific allegations justify granting bail, emphasizing the presumption of innocence.
The court granted bail based on the completion of the investigation and the civil nature of the allegations, emphasizing that the charges are triable by a Magistrate.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
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