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PRAKASH D. NAIK
Ravishankar Yadav – Appellant
Versus
State – Respondent
JUDGMENT/ORDER
1. Heard Mr. Desai, learned counsel for the applicant and Mr. Bhobe, learned Public Prosecutor for the respondent-State.
2. The applicant was arrested on 16/7/2021 in connection with Crime No. 50/2021 registered with Vasco Police Station for offence punishable under Ss. 302 and 307 of Indian Penal Code, (IPC).
3. The case of the prosecution is that the complainant and the deceased called for negotiations in respect to the transaction relating to sale of plot. The co-accused fired at the deceased and also tried to kill the complainant. It is alleged that there was animosity between the deceased and accused no.4 who had hired the assailants to liquidate the deceased. On completing investigation, chargesheet is filed.
4. Learned Advocate for the applicant submitted that undisputedly the applicant is not the assailant in the crime. He was not found anywhere near the spot of incident. There is no evidence to show his connection with the incident of firing at the deceased. The applicant was allegedly conspirator in the crime and the prosecution is relying upon the statement of the brother of the applicant and the two servants from the guesthouse where the assailants were resid
The legal principle established is that a prolonged period of custody without trial, combined with insufficient evidence of direct involvement in the crime, can justify the granting of bail.
Bail granted based on lack of evidence and prolonged detention without charges.
The court established that in cases involving serious charges such as murder and conspiracy, the burden is on the applicant to demonstrate why bail should be granted, especially in light of substanti....
Bail granted on grounds of lack of evidence, delay in charges, and absence of prior criminal record.
The grant or refusal to grant bail lies within the discretion of the Court and is regulated by the facts and circumstances of each particular case.
The severity of the crime, the danger of accused absconding, and the likelihood of witness tampering are significant factors in determining bail eligibility.
Bail may be granted if there are insufficient grounds for custodial interrogation, particularly after a charge sheet is filed and no serious overt acts are alleged against the accused.
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