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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
MOHAN SINGH S/O SHRI GANPAT SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
PRAVEER BHATNAGAR, J.
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.167/2024 registered at Police Station Saket Nagar, District Beawar for the offence(s) under Section 302 of IPC.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the entire case rests upon the circumstantial evidence and it is the duty of the prosecution to bring forth the entire circumstances indicating the involvement of the accused- petitioner in the alleged offence. The prosecution is failed to put forth the substantive evidence regarding the motive of the accused-petitioner in causing death of the deceased and so also any connectivity in the said case. As per the charge-sheet, it is alleged against the accused-petitioner that he conspired with other co-accused Mahendra Singh and Shyam Singh and thereafter, co-accused Mahendra Singh and Shyam Singh caused murder of the deceased. It is also contended that the prosecution has not able to prove that co-accused Mahendra Singh and Shyam Singh caused m
The court emphasized that bail may be granted when circumstantial evidence is insufficient to establish a prima facie case against the accused.
Bail may be granted in murder cases where circumstantial evidence is insufficient to establish the accused's involvement.
Circumstantial evidence must be corroborated by additional proof to justify arrest and bail; mere allegations are insufficient.
Bail granted due to lack of direct evidence and prolonged judicial custody, emphasizing that CDRs cannot solely support a conviction.
The court established that the gravity of allegations and the sufficiency of circumstantial evidence are critical factors in bail considerations under Section 439 Cr.P.C.
Bail may be granted when the sole allegation is peripheral and there is no evidence of conspiracy or intent to commit the crime.
The court's decision was based on the lack of incriminating evidence exclusively within the knowledge of the accused-petitioners and the lack of support from the star prosecution witness.
The absence of eyewitness testimony and hostile witnesses justifies granting bail, particularly in cases with circumstantial evidence and no clear motive.
The main legal point established in the judgment is that the presence of sufficient prima-facie evidence pointing towards the guilt of the accused persons is a valid ground for rejecting a bail appli....
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