RAHUL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dtd. 18/7/2022 passed by the High Court of Judicate for Rajasthan Bench at Jaipur in S.B. Criminal Miscellaneous Bail Application No. 2363/2022 and S.B. Criminal Misc. II Bail Application No. 10068/2022, by which, the High Court has directed to enlarge original accused - private respondents herein on bail in connection with FIR No. 474/2021 registered at Police Station Kotwali, District Dholpur for the offences under Ss. 302, 307, 201, 120­B of IPC, the original complainant/informant has preferred the present appeals.

(2.) At the outset, it is required to be noted that private respondents - accused have been chargesheeted after investigation for the offences under Ss. 302, 307, 201, 120­B of the IPC. Despite the above and without taking into consideration any of the material forming part of the chargesheet and without even considering the seriousness of the offences alleged; material collected during the investigation, the High Court has by a nonspeaking order has directed to release the accused - private respondents herein on bail by further observing that there is a possibility that trial may take long time to conclude. In a case for the offence under Sec. 302 of IPC in which one person was guilty, the High Court ought to have taken into consideration the material collected during the investigation. From the impugned order passed by the High Court, it appears that the only observations made by the High Court are in paragraph 4 which reads as under:

(3.) Learned counsel appearing on behalf of the original accused has submitted that wife of accused - Sunil Gupta is suffering from brain haemorrhage. It will be open for the accused to prayer for interim bail and/or seek bail on that ground which may be considered by the High Court in accordance with law and on its own merits.