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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PRAVEER BHATNAGAR
Rakesh Kumar S/O Babulal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
PRAVEER BHATNAGAR, J.
1.The instant third bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 441/2023 registered at Police Station Neemrana, District Bhiwadi for the offence(s) under Section 302 of IPC.
2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. The first bail application of the petitioner was dismissed vide order dated 23.05.2024 with liberty to file afresh after recording of the statements of the eye-witnesses Sher Singh and Janak Singh. Thereafter, the second bail application was preferred by the petitioner Rakesh Kumar through another advocate and that was withdrawn. It is further contended that the material eye witnesses PW-1 Sher Singh and PW-2 Janak Singh have turned hostile and not supported the prosecution story, in their cross examination conducted by learned Public Prosecutor both the witnesses have denied the fact that the accused-petitioner assaulted the deceased with a stick which resulted in his death. It is also contended that statement of PW-3 Lokesh and PW-4 Sonam are also not reliable and tr
The court granted bail due to conflicting witness statements and non-fatal injuries, emphasizing the presumption of innocence and the need for a fair trial.
Bail – Prosecution has to play a vital role in assessing threat perception of each and every witness, particularly where there is rivalry due to political or other reason.
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 absence of eyewitness testimony and hostile witnesses justifies granting bail, particularly in cases with circumstantial evidence and no clear motive.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
Bail granted as allegations against the accused-petitioner did not substantiate a denial of bail, emphasizing the lack of murderous intent.
The court affirmed that the severity of allegations, potential for witness tampering, and contradictions in medical evidence warranted the denial of bail, irrespective of the claimed false implicatio....
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