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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Ravi Mewada – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.62/2024 registered at Police Station Badnor, District Beawar for the offences under Sections 341, 323, 452, 302, 324 and 34 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the FIR, on 30.04.2024, the petitioner alongwith the co-accused persons namely Shankar and Bhavesh came to the residential premises of the complainant and caused multiple injuries to him and his brother Jagdish with sharp and blunt weapons. The specific allegation against the present petitioner is that he caused injuries to complainant and his brother Jagdish with sharp weapon (knife). Complainant’s brother- Jagdish succumbed to the injuries caused to him by the accused persons while undergoing treatment at Government Hospital, Ajmer.
4. Learned counsel submitted that the petitioner has been falsely implicated in the present case. To substantiate this contention, learned counsel submitted that the entire incident has been recorded in a CCTV
The court granted bail based on CCTV evidence showing the petitioner was not armed during the incident, emphasizing that presence alone does not imply complicity in the crime.
The court grants bail due to lack of specific allegations against the petitioner and recognizes the lengthy trial process, emphasizing the importance of judicial fairness.
Bail may be granted when no specific overt act is attributed to the accused and no recovery is pending, despite serious allegations.
Bail may be granted when specific allegations against the petitioner are weak, recovery is not pending, and trial duration is expected to be lengthy.
The court granted bail based on the completion of the investigation and the simple nature of injuries, finding no risk of witness tampering or flight.
The court granted bail based on the lack of substantial evidence against the petitioners and the nature of the allegations, emphasizing the importance of judicial discretion in bail applications.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
The main legal point established in the judgment is the importance of evidence, the nature of the accusations, and the severity of the punishment in considering the grant of bail, as well as the prin....
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