Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1444

RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Bheraram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 10168 of 2021
Decided On : 20-11-2021

Advocates appeared:
K.R. Bhati, Advocate, Gopal Meghwal, Advocate, Vikram Sharma, Advocate

The court established that in the absence of strong evidence and with witnesses turning hostile, bail can be granted even in serious criminal cases.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner, emphasizing the lack of supporting evidence from prosecution witnesses and the superficial nature of the injuries on the deceased, which influenced the decision to allow bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for serious charges including sexual assault and murder. The prosecution's case relied on witness statements that later turned hostile, failing to support the allegations against the petitioner.
Finding of the Court:

The court noted the absence of evidence supporting the allegations of sexual assault and the superficial nature of the injuries on the deceased, leading to the conclusion that the case against the petitioner was weak.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the evidence presented.
Ratio Decidendi: The court determined that the lack of corroborative evidence from witnesses and the nature of the injuries warranted the granting of bail, without delving into the merits of the case.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

2. The petitioner has been arrested in FIR No.160/2018 of Police Station Basni, Jodhpur for the offences punishable under Sections 458, 323, 341, 376(2)(N) and 302 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that the allegations against the petitioner are to the effect that he had sexually assaulted the deceased and thereafter murdered her. Learned counsel for the petitioner has invited attention of the Court towards the statements of prosecution witnesses, who appeared during the course of investigation and alleged that the petitioner had sexually assaulted the deceased and thereafter murdered her but now in the court statements, they have not supported the prosecution story and turned hostile. Learned counsel for the petitioner has invited my attention towards the statements of Dr. Santosh (PW-14), who has also stated that no evidence of sexual assault is available. It is further submitted that the injuries received by the deceased are superficial in nature.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bheraram S/o Sh. Choturam shall be released on bail in connection with FIR No.160/2018 of Police Station Basni, Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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