Back
DEVENDRA KACHHAWAHA
Shivraj Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. 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. 56/2011, Police Station Bijoliya, District Bhilwara, registered for the offence under Sections 147, 148, 341, 323, 332, 353, 307, 302 & 102-B of the Indian Penal Code.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that PW-2 Anurag, PW-3 Surendra Gautam, PW-4 Brijendra Singh, PW-5 Vikram Singh S/o Laxman Singh, PW-6 Vikram Singh S/o Prithvi Raj Singh, PW-11 Ravi, P-12 Hitesh, PW-13 Vicky, PW-18 Bhanwar Lal, PW-28 Mukesh, PW-29 Prem Singh, PW-31 Sanjay and PW-35Manoj Yadav have not supported the story of the prosecution and as such they have declared hostile by the learned Trial Court; that the story of the prosecution has not been proved by any of the eye-witnessess; that PW-30 Surendra Solanki has admitted that the clothes are not available/present before the Court today; that PW-36 Ram Kishore, motbir of the recovery memo of persons, who is not an independent witness, stated that it is an admitted pos
Prolonged detention without sufficient evidence can lead to the grant of bail, emphasizing the presumption of innocence.
The court established that prolonged trial delays and unreliable witness identification can justify the granting of bail under Section 439 Cr.P.C.
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 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.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
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.
Bail is a rule in pre-conviction cases; undue delay in trial and unreliable witness identification justify granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
