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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MADAN GOPAL VYAS, J.
Dulle Khan S/o Shri Hasan Khan – Appellant
Versus
State Of Rajasthan, Through Pp - Respondent
S.B. Criminal Miscellaneous Bail Application No. 11086 of 2023
Decided on : 11-09-2023
Criminal Procedure Code, 1973 - Section 439 – Indian Penal Code, 1860 - Sections 147, 148, 323, 326, 307, 452, 354, 149 - Grant of bail – House-trespass - Offence for voluntarily causing hurt - Third bail application has been filed on behalf of petitioner – Held, After perusing statement of PW-1 wherein she has specifically made allegations against petitioner and looking to gravity of offence, without commenting on merits and demerits of case, Court does not find it to be a fit case for grant of bail to petitioner, at this stage - Bail application is dismissed.
JUDGMENT :
The present third 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.119/2020, Police Station Sankara, District Jaisalmer, for the offences under Sections 147, 148, 323, 326, 307, 452 and 354/149 of the IPC.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the other co-accused Hasam Khan, Farukh Khan, Aamdeen @ Ambe Khan, Ladu Khan, Anwar Khan, Nawab Khan, Nagmate Khan, Jannu Khan and Iqbal Khan have already been enlarged on bail and the case of the present petitioner is not distinguishable from that of the co-accused. The charge-sheet has been filed in the matter. Further, it is submitted there are contradictions in the statements of the witnesses. It is submitted that the petitioner is behind the bars since long and trial of the case will take long time. Therefore, he may be enlarged on bail.
3. Learned Public Prosecutor opposed the bail application. Learned Public Prosecutor submits that in the present case the statements of victim Guddi were recorded in the trial court as PW1 wherein she has specifically named the accused petitioner who curt her nose and lips and inflicted injury upon her tounge by knife. Thus, it is prayed that the bail application may be rejected.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Having regard to the facts and circumstances of the case, after perusing the statement of PW-1 Guddi wherein she has specifically made allegations against the present petitioner and looking to the gravity of the offence, without commenting on the merits and demerits of the case, this Court does not find it to be a fit case for grant of bail to the petitioner, at this stage.
6. Hence, the bail application is dismissed.
7. However, the learned trial court is directed to expedite the trial of the case.
8. A copy of this order be sent to the learned trial court either by FAX or by email.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The absence of eyewitnesses and lack of evidence against the accused justified the grant of bail, emphasizing the principle of preventing unnecessary detention without risk of influencing witnesses.
The court's decision was influenced by the lack of evidence linking the accused-petitioners to the recovered articles and the alleged false implication in the case.
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
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