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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Ganesh Ram Meena, J.
Satish Kumar & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
S.B. Criminal Miscellaneous Bail Application No. 5937 of 2023
Decided On : 29-05-2023
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners under Section 439 Cr.P.C., considering the duration of their detention, the nature of the allegations, and the delay in witness examination, which raised doubts about the prosecution's case. The court emphasized the need for a fair trial and the presumption of innocence until proven guilty.
Fact of the Case:
The petitioners were arrested and have been in custody since 14.03.2023 for alleged offenses under Sections 323, 341, and 34 of IPC, following F.I.R. No.758/2022. They claimed to be wrongfully implicated, and the trial is expected to take a long time.
Finding of the Court:
The court considered the arguments from both sides, including the suspicious delay in witness examination and the nature of the allegations against the petitioners. It decided to grant bail without commenting on the merits of the case.
Issues: Whether the petitioners should be granted bail considering the circumstances of their detention and the prosecution's case.
Ratio Decidendi: The court held that the prolonged detention of the petitioners, combined with the questionable aspects of the prosecution's case, warranted the granting of bail to ensure justice and uphold the principle of presumption of innocence.
Result: The bail application was allowed, and the petitioners were directed to be released on bail upon furnishing a personal bond and sureties as specified.
JUDGMENT
1. This bail application has been filed by the petitioners under Section 439 Cr.P.C.
2. F.I.R. No.758/2022 was registered at Police Station Neemrana, District Alwar for the offence under Sections 323, 341, 34 ofIPC.
3. Counsel for the petitioner submits that the petitioners have been implicated in this case and they are behind the bars since 14.03.2023 and trial of the case is likely to take considerable time. Counsel further submits that the eye witnesses have been examined by the prosecution agency under Sections 161 Cr.P.C. after a lapse of about four months, which creates suspicious of the prosecution story.
4. Learned Public Prosecutor has vehemently opposed the bail application and refer the statement of Kumari Hemlata recorded under Section 164 Cr.P.C.
5. Considered the submissions put forth by counsel for the petitioners as well as the learned Public Prosecutor.
6. Taking into consideration the overall facts and circumstances of the case, including the allegation against the petitioners and the manner in which the investigation has been completed and the allegation against the present petitioner including the fact as given on record that the deceased was the bus driver of the college bus and was misbehaving with the girls, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioners on bail.
7. This bail application is, accordingly, allowed and it is directed that accused-petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.
The court may grant bail based on the weakening of the prosecution's case due to key witnesses turning hostile and the arguments presented by the petitioner's counsel.
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.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The court granted bail due to insufficient evidence of motive and prolonged judicial custody, emphasizing the right to timely trial.
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