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DEVENDRA KACHHAWAHA
Anchi Devi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.78/2020, Police Station Dechu, District Jodhpur, registered for the offences under Section 302 of IPC.
2. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that petitioner is a 67 years old lady; petitioner’s name has not been mentioned in the F.I.R., the complaint has been filed by son-in-law of the deceased and the present petitioner; there is no evidence against the petitioner and she has falsely been implicated in this case only on the basis of FSL report; as per the FSL report, blood stains have been found on the clothes of the petitioner, in this regard, learned counsel for the petitioner stated that body of the deceased has been turned by petitioner, therefore, blood stains have been found on the clothes of the petitioner. Learned counsel further stated that two other persons have also been named in the F.I.R. but they have not been charge-shee
The court established that the presence of forensic evidence and the recovery of a weapon can be sufficient grounds to deny bail, even in the absence of direct accusations in the F.I.R.
The court granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
The court granted bail due to insufficient evidence of motive and prolonged judicial custody, emphasizing the right to timely trial.
The court established that in the absence of direct evidence and considering the circumstances of the accused, bail can be granted under Section 439 Cr.P.C., especially when the trial is expected to ....
The court considered the lack of direct evidence, the age of the accused-petitioner, and the expected lengthy trial as grounds for granting bail.
The court established that the seriousness of the charges and the evidence against the accused are critical factors in determining bail eligibility under Section 439 Cr.P.C.
Bail can be granted when there is insufficient evidence against the accused and no apprehension of influencing witnesses or fleeing from justice.
The court granted bail based on the absence of recovery from the applicant and inconsistencies in the dying declaration, emphasizing the need for prima facie evidence in bail considerations.
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