Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
Guman Singh S/O Raghu Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
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. 29/2024 registered at Police Station Pagariya, District Jhalawar for the offence(s) under Sections 302, 307 read with Section 34 of IPC and Section 3/25 of Arms Act.
2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that case under Section 302 IPC is not made out against the petitioner, even if it is presumed that petitioner has used fire arm then also deceased did not receive any fire arm injury from the petitioner’s revolver. The direct allegation of causing death of the deceased is against the other co-accused Nain Singh. The material eye-witness PW-1 Prahlad Singh, who is the complainant has already been examined. The accused petitioner is in custody since 11.03.2024 and the trial of the case will take considerable time. Prosecution has furnished a long list of 42 prosecution witnesses, hence considering the role of the petitioner and the long incarceration and probability of unlikelihood of conclusion of trial within reas
The court ruled that the severity of the charges and substantial evidence against the accused justified the denial of bail.
Long incarceration does not warrant bail in serious offences like murder when credible evidence and specific allegations against the accused exist.
The absence of prior criminal history and lack of direct involvement in the allegations against the accused-petitioner justified the grant of bail.
The court granted bail to the accused-petitioners due to non-specific allegations and their prolonged custody, emphasizing the need for just treatment in the bail process.
Bail granted due to insufficient specific evidence against accused in fatal shooting case.
Bail granted as allegations against the accused-petitioner did not substantiate a denial of bail, emphasizing the lack of murderous intent.
The court grants bail based on insufficient specific allegations and contradiction in the evidence presented.
The court emphasized that a lack of substantive evidence against the accused-petitioner, combined with prolonged custody, warranted the granting of bail.
In the absence of substantive evidence, bail may be granted to prevent prolonged custody, even for habitual offenders.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
