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FARJAND ALI
Mitha Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 188/2023 |
| 2. | Concerned Police Station | Pachpadra |
| 3. | District | Barmer |
| 4. | Offences alleged in the FIR | Sections 147, 148, 149, 341, 365 & 302 IPC |
| 5. | Offences added, if any | Section 342 IPC |
| 6. | Date of passing of impugned order | 18.11.2023 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant oppose the bail application and submits that the present case is not fit for enlargement of accu
The court emphasized the presumption of innocence and the rule of granting bail at the pre-conviction stage, allowing bail when no substantial evidence against the accused is presented.
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
Prolonged detention without trial violates constitutional rights; bail granted due to insufficient evidence and delay in proceedings.
The court emphasized that bail should be granted when evidence does not warrant continued incarceration, considering the totality of circumstances.
The court emphasizes the importance of presumption of innocence and potential delays in trial when considering bail applications under Section 439 Cr.P.C.
The court emphasized the balance between the gravity of the offence and the accused's right to liberty, allowing bail due to lengthy trial and similar circumstances of co-accused.
The court established that significant discrepancies in evidence can lead to the granting of bail under Section 439 CrPC, underscoring the necessity for reliable evidence in criminal proceedings.
The right to bail is affirmed, emphasizing that no individual should suffer indefinite pre-trial incarceration without due judicial process, particularly when evidence against the accused is lacking.
The prosecution must provide strong prima facie evidence to justify the denial of bail; mere assertions are insufficient for continued detention.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
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