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KULDEEP MATHUR
Puneet Bishnoi S/o Alfaram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.79/2022, registered at Police Station Jayal, District Nagaur for the offences under Sections 147, 148, 149, 323, 341, 325, 365, 302, 120B and 212 IPC.
2. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel submitted that petitioners have not been named in the FIR. The specific allegation of beating the deceased - Narpat with lathis and sarias (iron rods) have been levelled against co-accused persons namely Raju Nethad, Ravindra Nethad, Dhannaram, Ramprasad Sangwa @ Rebel, Jagdish and Kaluram. It was fervently submitted that petitioner-Bhanwar Lal has been roped in the present case solely on the basis of the statements of one Dalip Singh @ Kanaram record
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
(1) Bail – Order granting bail in a mechanical manner, without recording reasons, would suffer from vice of non-application of mind, rendering it illegal.(2) Court deciding bail application cannot co....
The severity of the crime, the criminal record of the applicant, and the possibility of influencing witnesses are significant factors in determining bail eligibility.
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.
The main legal point established in the judgment is that bail is the rule and jail is the exception, and that personal liberty should be balanced with the need to secure the accused's attendance at t....
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