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MAHENDAR KUMAR GOYAL
Ramgopal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.468/2020 registered at Police Station Roopbas, District Bharatpur for the offence(s) under Section(s) 498-A, 302, 120-B of IPC and later on for offence under Sections 498-A & 306 IPC.
Drawing attention of this court towards the statement of father (PW-1), brother Shailendra (PW-2), cousin Mahendra Singh (PW-3), brother in law Dharmendra (PW-4), sister Smt. Nitu (PW- 5) and sister Radha (PW-6) of the deceased Sharda, learned counsel for the petitioner submits that all these material prosecution witnesses have either turned hostile or have not supported the prosecution story. He submits that the petitioners are in custody since 20.10.2020, trial of the case will take time, they have no criminal antecedents and prayed for their release on bail.
Learned Public Prosecutor has opposed the bail applications. Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of allegation against them, their length of custody and the material on record especially the statements of the prosecution witnesses recorded so
The court established that the absence of supportive evidence from prosecution witnesses and the petitioners' clean criminal record are significant factors in granting bail under Section 439 Cr.P.C.
The court considered the lack of witness support, the petitioner's time in custody, and the expectation of a lengthy trial in granting bail to the accused-petitioner.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.
The court may grant bail considering the length of the trial and the nature of the injuries alleged against the accused.
Grant of bail based on the turning of victim and her father hostile, and the totality of the facts and circumstances, without expressing opinion on the merits of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, even if the victim and her father turn hostile and do not support the case of prosecution.
The court's decision to grant bail was based on the totality of the facts and circumstances of the case, including the similarity to co-accused and the hostile nature of the eyewitnesses.
The court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolon....
The court considered various factors such as the nature of allegations, length of custody, and absence of criminal antecedents in granting bail to the petitioner.
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