II Bail 1 6 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 Sections 302, 307, 201, 120-B of IPC, the original complainant/informant has preferred the present appeals. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioners on bail.” When the accused are chargesheeted after the investigation, the High Court ought 3 6 to have taken note of and/or considered the material collected during the investigation even to find out whether there is any material collected during the investigation involving the accused for the serious offence under Section 302 of IPC and therefore, whether it is a fit case to enlarge the accused on bail or not. Original accused are directed to surrender before the concerned Court/Jail authority within a period of 10 days from today and thereafter, the High Court to decide and dispose of the bail application(s) afresh in accordance with law and on its own merits and after perusing and/or taking into consideration the material/evidence collected during the investigation which are now a part 5 6 of the chargesheet and upon taking into consideration the relevant aspects which are required to be kept in mind while examining the prayer for bail. With this the present appeals are allowed.
Case Title: RAHUL GUPTA Vs. THE STATE OF RAJASTHAN (2023 INSC 497)
Case Number: Crl.A. No.-001343-001344 / 2023
