IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Amar Singh Rathore, S/o. Shri Bhagirath Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
ASHOK KUMAR JAIN, J.
1. The present second bail application under Section 483 of BNSS is filed by the applicant-accused Amar Singh Rathore S/o Shri Bhagirath Singh seeking bail in respect of a criminal case registered as FIR No.32/2019 dated 23.08.2019 registered at P.S. SOG District - Jaipur, for the offence under Sections 420, 406, 409, 467, 468, 471, 477A and 120B IPC and 65 of IT Act.
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. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.
3. Learned counsel for petitioner submits that first bail application of petitioner was dismissed on 15.03.2024 and thereafter he has preferred SLP before Hon’ble Supreme Court and a liberty was granted to him to file a fresh bail application for grant of bail before the trial court. He submitted that pursuant to l
Bail is primarily for ensuring attendance at trial, not punishment; the right to a speedy trial under Article 21 protects personal liberty.
Bail is the rule and jail is the exception; justification for arrest must be established, especially in financial misconduct cases.
Bail applications in serious criminal matters are to be evaluated on individual merit considering past decisions and severity of charges without guarantee of parity.
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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