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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Ram Kumar – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. This application for bail under Section 439 Cr.P.C. (Section 483 of B.N.S.S.) has been filed by the petitioner who has been arrested in connection with FIR No.192/2019 registered at Police Station Jaitsar, District Sriganganagar, for offences under Sections 302, 307, 326, 323 and 447 of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Drawing attention of this Court towards the FIR and challan papers, learned counsel for the petitioner submitted that though the petitioner has been named in the FIR but the investigating agency after making thorough investigation in connection with the alleged incident which occurred on 03.07.2019 has not charge- sheeted the petitioner. As per the investigating agency, the presence of the petitioner at the place of occurrence could not be established during the couse of investigation. Learned counsel further submitted that the congnizance against the present petitioner has been taken by the competent Criminal Court on the basis of the statements of PW-1 (Balveer) and PW-2 (Anusuya) who in their statements have deposed that the petitioner was one of the assailant and on the date of alleged inci
The absence of charge-sheet and lack of evidence connecting the accused to the crime justified the granting of bail under Section 439 Cr.P.C.
The court grants bail based on the principle of equality before law, noting that similarly situated co-accused have been granted bail.
The court emphasized that the absence of substantial evidence and the prolonged custody of the petitioner justified the grant of bail, notwithstanding the serious nature of the allegations.
The principle of parity in bail decisions necessitates granting bail to similarly situated co-accused, especially when no active role in the alleged crime is established.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The decision highlighted the principle of granting bail based on the similarity of the case with a co-accused who had been enlarged on bail, and the importance of considering the facts and circumstan....
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.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
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.
The Court considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Sect....
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