ASHOK KUMAR JAIN
Ramesh Kumar Mundiwal – Appellant
Versus
State of Rajasthan through the Public Prosecutor – Respondent
ORDER
The bail applications under Section 483 of BNSS are filed by the accused Umesh Kumar (S/o Lokesh Kumar), Ravindra @ Lodiya @ Sonu Kumar (S/o Ranveer Singh), Pradeep Kumar Mangawa (S/o Ranveer Singh), and Ramesh Kumar Mundiwal (S/o Dayanand) seeking bail in FIR No.204/2022 dated 10.9.2022 at P.S. Bagad, Jhunjhunu, for offences under Sections 147, 148, 149, and 302 IPC.
2. Learned counsel for the applicants-accused submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicants-accused from the jurisdiction of this Hon’ble Court. They also submits that the applicants undertake not to repeat offence and cooperate in trial, which will take time.
3. Learned counsels appearing on behalf of applicants submit that it is a case of accident and same was given color a premeditated assault. They further submits that few hours after the accident, a well-planned report was registered by complainant Mahendra Singh wherein he introduced Sanjeev as an eye-witness. He further submits that in the report itself, the complaina
Bail – Prosecution has to play a vital role in assessing threat perception of each and every witness, particularly where there is rivalry due to political or other reason.
The heinousness of the offense, evidence available on record, and the accused-applicants' criminal history were central to the court's decision in rejecting the bail applications.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The court granted bail due to conflicting witness statements and non-fatal injuries, emphasizing the presumption of innocence and the need for a fair trial.
A suspect may be granted bail if there is no substantial evidence of guilt or risks associated with evidence tampering; pre-trial detention is prohibited without significant justification.
Violation of the fundamental rights of the accused-applicant guaranteed under Article 21 read with Articles 14 and 19(1)(g) of the Constitution of India.
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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