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VINIT KUMAR MATHUR
Mahesh @ Bhinya Ram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.115/2019, Police Station Merta Road, District Nagaur for the offences under Sections 323, 324, 326, 307 and 302/34 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this Court on 08.01.2020, eleven prosecution witnesses have been examined including PW-1 Sita Devi, PW-2 arjun Ram and PW-3 Sharda Devi. He further submits that the deceased Ramniwas and present petitioner Mahesh are real brothers having their agricultural fields side-by-side. He further submits that the dispute between the parties arose on a very trivial issue on the ground that the complainants were insisting the petitioner not to remove the boundary wall (Maad) of his field otherwise the entire rain water will flow into their fields destroying their crops. He further submits that the complainants were aggressors in the present case and as per the site pla
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
The court granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
The court's decision was based on the consideration of the facts and circumstances of the case, and the intention of the accused-petitioners in causing the injuries.
The court established that a significant change in the evidence, particularly when key witnesses turn hostile, can justify the granting of bail under Section 439 Cr.P.C.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
The court established that in bail applications, the intent and circumstances surrounding the alleged crime are critical factors in determining whether to grant bail.
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