The court emphasized that bail should be granted when evidence does not warrant continued incarceration, considering the totality of circumstances.

Order :

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and have perused the material available on record.

5. On two occasion, the bail applications of the petitioner was rejected while giving him an opportunity to renew the prayer after statement of complainant Mohan Ram is recorded in the trial. Now he has been examined as P.W.-1. A glimpse over the statement of P.W. 1 (Mohan Ram) gives rise to a reasonable suspicion and give strength to the submission of learned counsel for the petitioner - Shri SK Bhati that a false case has been foisted against the petitioner and his name is unnecessarily been dragged into the matter just to wreak vengeance upon him. Learned counsel for the petitioner drew the attention of this Court towards the first six lines of the examination-in-chief of P.W. 1 Mohan Ram and stated that he made allegations that one accused Jai Ram, who happens to be father of the petitioner, was driving the vehicle and was having an intent to kill his son. He was driving the vehicle at the relevant point of time and hit his son Hanuman, as a consequence of which, he fall on the earth and whereafter, the vehicle was taken up by the petitioner and then again the body was rammed down under the vehicle. Learned counsel for the petitioner further drew the attention of this Court towards the investigating report in which after conducting thorough investigation, the allegations against principle accused Jai Ram were found false and he has been exonerated from the charges. The prosecution moved an application before the learned trial Court under Section 193 of Cr.P.C. to implead him as an accused, however, the said allegation was rejected by the learned trial Court and that order has attained finality. In this view of the matter, learned counsel for the petitioner - Shri SK Bhati fervently urges that to a large extent, the story set out by the complainant in the charge-sheet has been belied since his narration was found false and, therefore, trust cannot be reposed upon him for rest of the allegations in which his name has been chosen as a culprit. I have pondered over the submissions and also gone through the niceties of the matter. The fact remains that principal accused Jai Ram absolved from the charges. The victim has been examined in the trial and there remains no apprehension of hampering or tampering him. There is high probability that the trial may take long time to conclude. Present is not a case where his incarceration should be extended for want of prosecution evidence against him in light of the material brought on record till now. Thus, taking into account the totality of facts and circumstances of the case, the period incarcerated and the collected evidence brought on record, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

6. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on b