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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DINESH MEHTA, J
MOHAMMED AHMED @ LALA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present bail application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the applicant, who is in custody in connection with the FIR No.810/2023 registered at Police Station Hanumangarh Town, District Hanumangarh for the offences punishable under Sections 302, 365, 342, 341, 323, 506, 504 and 34 of the Indian Penal Code.
2. The first bail application (S.B. Criminal Misc. Bail Application No.1070/2024) of the present applicant has been dismissed as withdrawn on 01.02.2024 with a liberty to file afresh after recording of the statements of eye witnesses namely, Abdul Munaf and Jumme Khan. Now, the statements of the said eye witnesses have been recorded.
3. Learned counsel for the applicant argued that the applicant had been falsely implicated by the prosecution, simply because, he hailed from family of Sattar Khan.
4. He further argued that the purported dying declaration of the deceased mentioned that the applicant had a ‘Kapa’ in his hand, whereas there is no injury of sharp weapon as is evident from the post-mortem report and that no recovery has been effected from the applicant.
5. Learned Public Prosecutor opposed the bail application by subm
The court granted bail based on the absence of recovery from the applicant and inconsistencies in the dying declaration, emphasizing the need for prima facie evidence in bail considerations.
A dying declaration is admissible and reliable evidence if it is recorded promptly and there are no allegations of tutoring.
A dying declaration can be treated as sufficient evidence if found credible; corroboration is not legally mandated if the declaration is true and voluntarily made.
The denial of bail was based on the seriousness of the offence and the likelihood of the applicant influencing witnesses.
The main legal point established in the judgment is that the prosecution must provide sufficient and reliable evidence to establish the involvement of the accused in the offence, and the court will c....
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.
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