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MAHENDAR KUMAR GOYAL
Dheeraj Alias Dheeru – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 92/2021 registered at Police Station Behror, District Alwar (Police District Bhiwadi) for the offence under Section(s) 365 & 379 of IPC and later on for the offence under Section(s) 302, 365, 379, 120B & 34 of IPC.
2. Learned counsel for the petitioner contended that it is a case of circumstantial evidence and the charge sheet is bereft of any evidence to connect him with the alleged offence. Drawing attention of this Court towards the statements of Narendra and Mahendra recorded under Section 161 Cr.P.C, he contended that they have not last seen the deceased in the company of the accused-petitioner; but, have seen some unidentified persons taking his goats. Learned counsel submitted that the petitioner came to be arrested on 06.02.2021; whereas, a goat was recovered allegedly at his instance on 15.02.2021 i.e. after 9 days from the date of arrest which raises serious doubt about its veracity. He submitted that no charge sheet has been filed against accused persons named in the FIR merely on the basis of information furnished by one of the co-accu
The court established that the gravity of allegations and the sufficiency of circumstantial evidence are critical factors in bail considerations under Section 439 Cr.P.C.
The court emphasized that bail may be granted when circumstantial evidence is insufficient to establish a prima facie case against the accused.
Prolonged detention without sufficient evidence can lead to the grant of bail, emphasizing the presumption of innocence.
The main legal point established in the judgment is that the prosecution must provide sufficient and reliable evidence to establish the involvement of the accused in the offence, and the court will c....
Bail may be granted in murder cases where circumstantial evidence is insufficient to establish the accused's involvement.
The main legal point established in the judgment is the grant of regular bail based on the lack of support from a key prosecution witness, the extended period of custody without trial conclusion, and....
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 denial of bail was justified due to the serious nature of the charges, sufficient prima facie evidence, and the principle that mere delay in trial does not automatically entitle an accused to bai....
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