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KULDEEP MATHUR
Arvind Karan Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.119/2020 registered at Police Station Falna, District Pali, for offences under Sections 143 , 302/115 and 120-B IPC.
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the petitioner has been made accused in the present case with the allegation of conspiring to commit murder of the deceased Kaan Singh. It was urged that the deceased Kaan Singh was murdered by some unknown persons who came on motorcycle and fired gun shots at him while the deceased Kaan Singh and his friend Pradeep Singh were having tea at Shivam Tea Stall, near Khalsa Petrol Pump, Sanderao Road on 20.08.2020 at 11:30 am. During the course of investigation, it is revealed that co-accused Bharat Vaishnav was suspicious that his wife is having intimate relations with deceased and therefore, he engaged the present petitioner through another co-accused Ishwar Singh as a hit-man to kill Kaan Singh. Learned counsel submitted that as per investigating agency, a sum of
Insufficient evidence, particularly the lack of witness identification and recovery of the weapon, justified granting bail under Section 439 Cr.P.C.
The main legal point established in the judgment is the requirement for decisive culpability to justify denial of bail, especially when the evidence presented by the prosecution is not conclusive.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The absence of eyewitnesses and lack of evidence against the accused justified the grant of bail, emphasizing the principle of preventing unnecessary detention without risk of influencing witnesses.
Bail may be granted when the sole allegation is peripheral and there is no evidence of conspiracy or intent to commit the crime.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
Bail granted due to lack of evidence and co-accused released.
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