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RAJENDRA PRAKASH SONI
Tarsem S/o Dungar Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
1. The prayer made in this bail petitions filed under Section 439 of the Code of Criminal Procedure (Section 483 BNSS Amended) is for grant of bail in connection with crime registered pursuant to First Information Report Number 111/2024 of Police Station Rajiyasar District Sriganganagar in respect of offence(s) punishable under Section(s) 365, 323, 341, 143, 327 of I.P.C.
2. Learned counsel representing petitioners has fervently argued that the petitioners are innocent person and a false case has been foisted against them; that entire allegations so leveled by the police against the petitioners are totally false and baseless; that there is no concrete evidence to show direct nexus between the petitioner and alleged crime, rather case of the prosecution is based on surmises and conjectures instead of sound legal evidence. With the aforesaid submissions, it was prayed that the present petitions be allowed and petitioners may be enlarged on bail.
3. Learned Public Prosecutor has opposed the release of the petitioners on bail at this stage on the ground that there is overwhelming evidence adduced on record which would prima-facie point towards the guilt of the applicants; that kee
The court established that in cases involving serious charges and prima facie evidence of violent conduct, bail may be denied to protect society and ensure the integrity of the judicial process.
The court held that the serious nature of the alleged crime and substantial evidence against the applicants warranted the denial of bail at this stage.
The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
Bail denied in attempt to murder via hammer blow to head causing fracture; gravity of offence, severe punishment (life imprisonment), and witness tampering risk paramount despite no blood on weapon.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
The court granted bail to certain accused based on the nature of injuries and judicial custody duration, while emphasizing the need for personal bonds and sureties.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
An accused is presumed innocent until proven guilty, and bail should not be denied without clear evidence of involvement in the alleged crime.
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