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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
NARESH @ MOKHAM MEGHWANSHI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.72/2020 registered at Police Station Rayla, Dist. Bhilwara, for the offences under Sections 302 and 201 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 the petitioner is in judicial custody since 03.07.2020. Drawing attention of the Court towards the FIR and the challan papers, learned counsel for the petitioner submitted that the dead body of the deceased- Leela Regar was found near Bhilwara Highway No.79, in the eastern side on mud way Lambia Kallan. During the course of the investigation, the investigating agency found that the deceased was last seen in the company of the present petitioner by her brother- Tulsiram.
4. Learned counsel submitted that the petitioner has been falsely implicated in the present case. The petitioner had no motive to commit the alleged crime. There is no eye witness of the alleged incident. The statements of the last seen witness- Tulsiram (PW-09) have alread
The court granted bail due to insufficient evidence of motive and prolonged judicial custody, emphasizing the right to timely trial.
Bail granted due to lack of direct evidence and prolonged judicial custody, emphasizing that CDRs cannot solely support a conviction.
The absence of eyewitness testimony and hostile witnesses justifies granting bail, particularly in cases with circumstantial evidence and no clear motive.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The presumption of innocence prevails at the pre-conviction stage, necessitating bail when evidence is insufficient to justify continued custody.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
Bail granted due to lack of evidence and co-accused released.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
The absence of direct evidence of mens rea precludes liability for abetment of suicide, justifying bail for the accused.
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