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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
AATMARAM S/O BHAGCHAND – 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 the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.90/2024 registered at Police Station SOP, District Tonk, for the offence(s) under Sections 110, 304(2) and 3(5) of BNS.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offences under Sections 3(5), 110, 304(2), 140(2), 309(6), 115(2) and 103(1) of BNS. He further submits that the incident occurred on 06.07.2024 and the deceased in his Parcha Bayan has stated that the other co-accused hit him at abdomen with his leg. The deceased died on 21.10.2024 and in between the deceased remained admitted for several times in the hospital. It is clearly stated in the post-mortem report that the deceased remained admitted in the hospital from 08.07.2024 to 19.07.2024, 25.07.2024 to 12.08.2024, 23.08.2024 to 01.10.2024 and lastly from 07.10.2024 to 21.10.2024. It is also contended that the injuries caused to the deceased was not with the intention to kill and there was no murderous intention on the part of the accused- petitione
Bail granted as allegations against the accused-petitioner did not substantiate a denial of bail, emphasizing the lack of murderous intent.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
The court granted bail based on the principle of parity, finding no distinguishable role of the petitioner compared to a co-accused already released on bail.
Long incarceration does not warrant bail in serious offences like murder when credible evidence and specific allegations against the accused exist.
The court ruled that the severity of the charges and substantial evidence against the accused justified the denial of bail.
The court established that the seriousness of the charges and the evidence against the accused are critical factors in determining bail eligibility under Section 439 Cr.P.C.
The severity of the offences, the common object of the accused, and the inability to ascertain individual roles at the pending trial stage were crucial in the court's decision to dismiss the bail app....
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.
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