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ASHOK KUMAR GAUR
Suyalal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This second bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.59/2021, registered at Police Station Vazirpur, District Sawai Madhopur for the offence(s) under Sections 143, 323 & 341 IPC. The Police after investigation added Sections 302, 302/34 & 447 of IPC.
2. The present second bail application has been filed by the petitioner as the first bail application wa3s dismissed by this Court on 12.01.2022 as the same was withdrawn at that stage.
3. Learned counsel for the petitioner submitted that the Police after investigation has filed charge sheet and the statement of witnesses clearly reveal that the accused-petitioner was not initially present when the initial incident had taken place.
4. Learned counsel for the petitioner submitted that the statement of witnesses namely Kajal and Sajna (minor girls) also give first version of the incident.
5. Learned counsel for the petitioner submitted that the allegation against the present petitioner is not of using any weapon.
6. Learned counsel for the petitioner submitted that the allegation of using (darati) is against other co-accused Rukmani and she has already been enlarged on bail by this Court o
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 severity of the offences, the common object of the accused, and the inability to ascertain individual roles at the pending trial stage were crucial in the court's decision to dismiss the bail app....
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 emphasized the balance between the gravity of the offence and the accused's right to liberty, allowing bail due to lengthy trial and similar circumstances of co-accused.
A subsequent bail application must show substantial changes in circumstances to be considered, otherwise it is treated as a review of the earlier rejection.
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