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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Farjand Ali, J.
Chandu @ Chandra Prakash – Appellant
Versus
State of Rajasthan Through PP – Respondent
S.B. Criminal Miscellaneous Bail Application No. 8504/2022
Decided On : 04-07-2022
Bail Application - False Implication - The court allowed the bail application under Section 439 Cr.P.C. considering the lack of eye witnesses, inconclusive circumstantial evidence, and the possibility of a long trial.
Fact of the Case:
The petitioner was arrested for offences under Sections 302 and 201 IPC. The petitioner claimed false implication and lack of eyewitnesses and conclusive evidence.
Finding of the Court:
The court found that the trial may take a long time to conclude and deemed it just and proper to grant bail to the petitioner.
Issues: False implication, lack of eyewitnesses, inconclusive circumstantial evidence, possibility of a long trial.
Ratio Decidendi: The court considered the lack of eyewitnesses, inconclusive circumstantial evidence, and the possibility of a long trial as grounds for granting bail.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
1. The instant bail application has been filed by the petitioner Chandu @ Chandra Prakash Son Of Late Shri Ramswaroop under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.172/2021 registered at Police Station Nainwa, Bundi for the offence(s) under Sections 302 and 201 IPC.
2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. There is no eye witness of the incident. The petitioner has been charge-sheeted on account of availability of circumstantial evidence, however, the same is not conclusive in nature nor definite in tendency. The alleged recovery of blood smeared shirt is nothing but farce as the same has been recovered after 4 days of arrest that too from an open place.
3. Per contra, learned Public Prosecutor opposed the bail application.
4. 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 petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court established that in the absence of substantial evidence linking the accused to the crime, the provisions of Section 37 of the NDPS Act do not bar the granting of bail.
Granting bail based on lack of evidence and expected lengthy trial duration.
The central legal point established in the judgment is the reliance on circumstantial evidence and the application of the cardinal principle regarding the appreciation of circumstantial evidence in g....
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The court established that bail can be granted under Section 439 Cr.P.C. when the accused's prolonged detention is unjustified, emphasizing the right to a fair trial.
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