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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
BHAGIRATH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant second bail application has been preferred under Section 439 Cr.P.C. on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.254/2020 registered at Police Station Nokha, District Bikaner for the offence(s) under Sections 302, 307, 341, 323, 147, 148, 149 and 427 of IPC.
2. Learned Senior counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in the case. He submits that the first bail application of the accused-petitioner was dismissed by this Court vide order dated 29.11.2023 considering the fact that the bail application of other co-accused Prahalad Ram was rejected by the co-ordinate Bench of this Court vide order dated 22.11.2022. He submits that the allegation levelled against the present accused-petitioner and co-accused Prahalad Ram are identical. It is alleged against the present accused-petitioner that he along with other co-accused assaulted Jitender Singh resulting into his death. The prosecution also alleges Rajendra Singh as an eye-witness to the incident. The bail application of the other co-accused Prahalad Ram was considered by the co-ordinate Bench and a
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 granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
The court granted bail due to conflicting witness statements and non-fatal injuries, emphasizing the presumption of innocence and the need for a fair trial.
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.
The court upheld the principle that credible witness testimony can establish a prima facie case sufficient to deny bail, even in the face of claims of false implication.
The court's decision to dismiss the bail application was based on the reliable material available on record and the petitioner's alleged aggressive role in causing the incident.
Long incarceration does not warrant bail in serious offences like murder when credible evidence and specific allegations against the accused exist.
It is clearly mentioned that injured is deliberately not appearing before the trial court for giving his evidence despite receipt of summons and bailable warrants.
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