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FARJAND ALI
Shaitan Ram S/o Shri Goverdhan Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These four bail applications under Section 439 of the Cr.P.C. have been preferred on behalf of the petitioners Shaitan Ram, Suresh Bhat, Jugal Kishore Gill and Suresh Jakhar @ Tonu Jakhar. The requisite details of the matter are tabulated herein-below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 125/2022 |
| 2. | Concerned Police Station | Jayal |
| 3. | District | Nagaur |
| 4. | Offences alleged in the FIR | Under Sections 143, 323, 302, 427 and 120-B IPC and Section 3/25 of the Arms Act |
| 5. | Offences added, if any | -- |
| 6.
| Date of passing of impugned order | 29.04.2024 (Shaitan Ram) |
| 23.08.2024 (Suresh Jakhar @ Tonu Jakhar) | ||
| 05.07.2024 (Jugal Kishore Gill) | ||
| 23.08.2024 (Suresh Bhat) | ||
2. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against the petitioners and they have been made an accused based on conjectures and surmises. There are no factors at play in the case at hand that may work against grant of bail to them and his further incarceration is not warranted. Hence, it is prayed that the petitioners ma
The court ruled that bail must be granted based on the presence of concrete evidence; mere allegations are insufficient to deny bail, especially in conspiracy cases.
The severity of the crime, the danger of accused absconding, and the likelihood of witness tampering are significant factors in determining bail eligibility.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail can be granted based on the nature of allegations, duration of custody, and acceptance of co-accused's bail applications, without commenting on case merits.
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.
Insufficient evidence, particularly the lack of witness identification and recovery of the weapon, justified granting bail under Section 439 Cr.P.C.
The court emphasized that a lack of specific overt act against the accused and the completion of the investigation warranted his release on bail despite serious charges.
authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge co....
The principle of bail as a rule and jail as an exception was upheld, emphasizing personal liberty and the completion of investigation as key factors in granting bail.
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