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RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Ranveer Singh @ Ran Singh - Appellant
Versus
State - Respondent
Criminal Miscellaneous Iii Bail Application No. 12849 of 2021
Decided On : 02-12-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. after considering the circumstances of the case, including the timeline of events and the credibility of witness testimonies. The court emphasized the importance of not expressing opinions on the merits of the case while ensuring the rights of the accused are upheld during the trial process.
Fact of the Case:
The petitioner was arrested in connection with FIR No.71/2018 for offenses under Section 302/34 IPC. This was the third bail application after previous rejections, with new witness statements recorded post the last application.
Finding of the Court:
The court found that the last seen witnesses, who were relatives of the deceased, had not reported the deceased's company with the petitioner until after the body was found, raising doubts about their credibility. The court deemed it just to grant bail considering the trial's potential duration.
Issues: Whether the petitioner should be granted bail despite the serious charges and the testimonies of last seen witnesses.
Ratio Decidendi: The court held that the totality of circumstances, including the credibility of witness statements and the length of time until trial, justified granting bail without prejudicing the case's merits.
Result: The court allowed the bail application, directing the petitioner to execute a personal bond and provide sureties for their appearance at trial.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.71/2018 of Police Station Dudhva Khara, Distt. Churu for the offence(s) punishable under Section(s) 302/34 IPC. He/she/they has/have preferred this/these third bail application(s) under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that after rejection of the earlier bail application of the petitioner, statements of the last seen witnesses have been recorded before the trial court. It is also submitted that dead body of the deceased was found on 14.10.2018, however, the witnesses of last seen have submitted that they saw the petitioner along with the deceased on 11.10.2018. It is further submitted that those witnesses are the near relatives of the deceased and it is not believable that though the deceased was missing since 11.10.2018 and up to 14.8.2018, till recovery of the dead body of the deceased, they have not informed about the company of the deceased with the petitioner. It is also submitted that trial of the case is likely to take time.
4. Learned Public Prosecutor has opposed the bail application(s).
5. 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 petitioner(s) under Section 439 Cr.P.C.
6. Accordingly, this/these third bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) ? Ranveer Singh @ Ran Singh S/o Sh. Mamraj @ Debu Ram shall be released on bail in connection with FIR No.71/2018 of Police Station Dudhva Khara, Distt. Churu provided he/she/they execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The court established that bail can be granted under Section 439 Cr.P.C. based on the assessment of circumstances surrounding the case, without delving into the merits of the evidence presented.
The court established that the credibility of witness testimony and the presence of corroborative evidence are critical factors in determining bail applications in serious criminal cases.
The court may grant bail to an accused petitioner based on the similarity of their case to that of a co-accused who had been granted bail previously by the Co-ordinate Bench of the Court.
The court established that in the absence of strong evidence against the accused and considering the principle of personal liberty, bail should be granted.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The court's decision was based on the lack of incriminating evidence exclusively within the knowledge of the accused-petitioners and the lack of support from the star prosecution witness.
The court granted bail based on the extended custody period and lack of direct allegations against the accused, emphasizing the need for careful consideration of circumstances.
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