HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SHRAWAN CHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.72/2021 registered at Police Station Deshnok, Dist. Bikaner, for the offences under Section 148, Section 342 in alternative Sections 342/149, Section 365 in alternative Sections 365/149, Section 302 in alternative Sections 302/149 of IPC.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that the first bail application filed on behalf of the petitioners was dismissed by this Court vide order dated 17.05.2023 while giving them liberty to file a fresh bail application after the statements of eye- witnesses of the alleged incident which occurred on 19.06.2021, are recorded before the competent criminal Court.
4. Drawing attention of the Court towards the ordersheets of the competent criminal Court, learned counsel submitted that the statements of the eye-witness Mahaveer Prasad (PW.3) have already been recorded before the competent criminal Court however, despite issue of repeated summons and warrants another eye-witnes
The court granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
A subsequent bail application must show substantial changes in circumstances to be considered, otherwise it is treated as a review of the earlier rejection.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The court emphasized that consistent eyewitness testimony and corroborating medical evidence are critical in denying bail for serious charges, including murder.
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 court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
Bail can be granted when there is insufficient evidence against the accused and no apprehension of influencing witnesses or fleeing from justice.
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