The court established that in bail applications, the specific circumstances of the case, including the nature of the allegations and evidence, play a crucial role in determining whether to grant bail.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner under Section 439 Cr.P.C., considering the specific allegations against the accused and the nature of the injuries inflicted, ultimately determining that the circumstances warranted the indulgence of bail despite the serious charges.
Fact of the Case:

The petitioner, Suresh Chandra, sought bail in connection with FIR No.278/2020 for serious offences including murder. The FIR named 17 assailants, with specific allegations against a few regarding the fatal injury to the deceased, Mongaram.
Finding of the Court:

The court reviewed the evidence, including witness statements and the postmortem report, which indicated that only one fatal injury was inflicted on the deceased. This led the court to conclude that the circumstances justified granting bail.
Issues: Whether the petitioner should be granted bail considering the serious nature of the charges and the evidence presented.
Ratio Decidendi: The court emphasized the importance of evaluating the specific allegations and the nature of the injuries when considering bail applications, indicating that the overall circumstances can warrant bail even in serious cases.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Sandeep Mehta, J. - The office objections are over ruled.

2. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.278/2020, Police Station Anandpuri, District Banswara for offences under Sections 447, 323, 325, 302 in alternate 302/34 IPC.

3. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

4. As many as 17 persons were named as assailants in the FIR. Specific allegation was levelled by the eye-witnesses examined during investigation that the accused Prakash and Shambhulal were armed with iron rods whereas accused Govind was armed with a lathi. The other accused persons were having stones in their hands. The allegation of inflicting blows to the deceased Mongaram is specifically against the accused Prakash and Shambhulal. On a perusal of the postmortem report of the deceased Mongaram, it becomes clear that only a single injury was inflicted to him on the head which proved fatal.

5. In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioner. Accordingly, the bail application is allowed and it is directed that the accused-petitioner Suresh Chandra S/o Shri Dhanpal Barjot arrested in connection with the F.I.R. No.278/2020 registered at Police Station Anandpuri, District Banswara shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

Click Here to Read the rest of this document