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SANDEEP MEHTA
Prema Ram – Appellant
Versus
State – Respondent
JUDGMENT
Sandeep Mehta, J. - These two bail applications under Section 439 CrPC have been preferred by the petitioners (1) Prema Ram S/o Madan Lal (2) Ratnaram S/o Ramaram, who are in custody in connection with the F.I.R. No.39/2021 registered at the Police Station Jhanwar, District Jodhpur for the offences under Sections 147, 148, 149, 323, 302, 458 and 120-B IPC.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the challan papers.
3. The incident involves assault on the members of the complainant party, which took in the late hours of 30.03.2021. The written report of the incident came to be lodged by Dinesh Ram, son of the deceased Bhoma Ram, to the SHO, Police Station Jhanwar at the mortuary of MDM Hospital, Jodhpur, wherein, the petitioner Prema Ram is not named as an assailant. Petitioner Ratnaram is named as an assailant in the FIR. When the witnesses were examined during investigation, first informant Dinesh Ram did not name the petitioner Prema Ram. However, he named the petitioner Ratnaram as being one of the assailants. On the contrary, eye-witnesses Looni Devi, Baya Devi, Pepa Devi, Govind Ram, Shyama Ram and Deepa Ram took the name of Pr
The court established that significant discrepancies in evidence can lead to the granting of bail under Section 439 CrPC, underscoring the necessity for reliable evidence in criminal proceedings.
The court's decision to grant bail was based on the specific allegations and overall facts and circumstances of the case.
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....
The court established that lack of specific allegations and the potential for a lengthy trial can justify the granting of bail under Section 439 Cr.P.C.
The main legal point established is that bail may be granted based on the specific allegations and witness statements, and the expected duration of the trial.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
Murder - Bail rejected - The role of applicant which has been brought for as per version of FIR and statements of independent witnesses recorded during investigation, court not inclined to grant bail....
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