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RAJENDRA PRAKASH SONI
Rupa Ram S/o Veera – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Rajendra Prakash Soni, J.
1. Arrested in furtherance of FIR No. 294/2024, registered at Police Station Abu Road Sadar, District Sirohi, petitioners have filed this application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, “BNSS”) (Section 439 of old Code) for releasing them on bail. The petitioners are charged for offences punishable under Sections 326(G), 331(3), 190, 189(2), 305, 301, 324(4) of the Bhartiya Nyay Sanhita, 2023 (for short, “BNS”).
3. Let me briefly mention the facts germane for disposal of present petition. That on the 18.07.2024 complainant Shankar lodged a report stating that his son Dinesh drives a taxi jeep. On 23.06.2024, his taxi was involved in an accident, resulting in the death of a girl named Jamu, who passed away on 18.07.2024. Following this, the family members of the deceased Jamu who are named in the report, along with 40-50 others, arrived at his house in three vehicles, armed with weapons and carrying Jamu's dead body. Fearing for their safety, the complainant and his family fled. The group trespassed into the complainant's house, vandalized it and set Jamu's body on fire using wood inside the house. Upon receiving
The court established that the severity of the allegations and the risk of witness intimidation are critical factors in bail considerations.
Applicants are entitled to bail due to insufficient evidence requiring their continued detention.
The court established the entitlement to bail under Section 483, affirming rights against unlawful detention when the investigation is complete and no criminal antecedents are present.
Bail granted where insufficient evidence exists for continued detention of accused.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
The court denied bail due to the seriousness and premeditation of the alleged crime, viewing the applicant's claim of innocence with skepticism.
Seriousness of allegations and premeditation in committed offences warrant denial of bail.
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