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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Mahendra – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.108/2021 registered at Police Station Chhattargarh, District Bikaner for the offences under Sections 147, 148, 341, 323 and 302 read with Sections 149 and 120-B of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. The first bail application filed by the petitioner being S.B. Criminal Misc. Bail Application No.7937/2023 was dismissed by this Court vide order dated 10.08.2023. The order dated 10.08.2023 is reproduced below for ready reference:-
“This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.108/2021 registered at Police Station Chhattargarh, District Bikaner, for offences under Sections 302, 147, 148, 149, 120-B IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the contents of FIR, challan papers and statements of eye witnesses of the case.
This Court after going through the material placed before it, prima f
A subsequent bail application must show substantial changes in circumstances to be considered, otherwise it is treated as a review of the earlier rejection.
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 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 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 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 can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The court granted bail based on the lack of substantial evidence against the petitioners and the nature of the allegations, emphasizing the importance of judicial discretion in bail applications.
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