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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Kuldeep Mathur, J
Surender Kumar – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.54/2023, registered at Police Station Sadulshahar, District Ganganagar, for offence under Sections 364/34, 302/34 and 201 of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Drawing attention of the Court towards the FIR and the challan papers, learned counsel for the petitioner submitted that the petitioner has not been named in the FIR. The case of the prosecution entirely rests upon the circumstantial evidence.
4. Learned counsel further submitted that the star prosecution witness- Mandeep Kumar, who has last seen the deceased together with the petitioner and the co-accused persons, has not supported the prosecution story during his Court statements and has turned hostile.
5. Learned counsel submitted that the co-accused persons namely Gorisankar (S.B. Criminal Misc. 2nd Bail Application No.13650/2024) and Virender Kumar (S.B. Criminal Misc. Bail Application No.9124/2024) have already been enlarged on bail by this Court and the co-ordinate Bench of this Court vid
Bail granted due to lack of evidence and co-accused released.
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 when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
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