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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SARWAN KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 439 Cr.P.C . (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.141/2023, registered at Police Station Kaparda, Jodhpur Rural, for offences under Sections 302/34 of IPC; and Sections 19/21 of POCSO Act.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner is in judicial custody in connection with the murder of the deceased- ‘S’, learned counsel submitted that as per the prosecution, the mother of the minor deceased alongwith the present petitioner were annoyed with the deceased owing to her love affairs with the co-accused- Rakesh. As per the prosecution, the petitioner and the co-accused persons had killed the minor deceased by strangulating her and thereafter, her body was thrown into a water tank (tanka). Learned counsel submitted that as per the prosecution, the wallet and the Aadhar Card of the petitioner were recovered from the water tank from where the body of the deceased was recovered. Learned counsel submitted that merely the recoveries of the wallet and the Aadhar Card of the
The grant of bail is justified when material prosecution witnesses turn hostile, indicating insufficient evidence for conviction.
The absence of eyewitnesses and lack of evidence against the accused justified the grant of bail, emphasizing the principle of preventing unnecessary detention without risk of influencing witnesses.
The court granted bail based on the lack of supporting evidence from key witnesses, significantly reducing the likelihood of conviction.
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.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The court established that doubts in the prosecution's case, particularly from the victim's testimony, can justify the granting of bail under Section 439 Cr.P.C.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
Bail should be granted unless there is a substantial risk of influencing witnesses or fleeing, particularly when the investigation is complete.
Bail granted due to lack of evidence and co-accused released.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
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