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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
IMRAN KHAN – 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 petitioners who have been arrested in connection with F.I.R. No.247/2024, registered at Police Station Sangaria, District Hanumangarh, for offences under Sections 302, 341, 147, 148 and 149 of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Drawing attention of the Court towards the FIR, learned counsel for the petitioners submitted that as per the prosecution, the petitioners and the co-accused- Nadeem had attacked the deceased on the date of the alleged incident in a predetermined manner with blunt weapons (lathis).
4. Learned counsel submitted that the petitioners have been falsely implicated in the present case. Drawing attention of the Court towards the statements of the complainant and other eye- witnesses namely Mustafa Khan, Mohd. Subhan and Firoz Khan recorded under Section 161 Cr.P.C., learned counsel submitted that as a matter of fact, on the date of the alleged incident co- accused Nadeem hit the deceased- Habibullah on his nasal passage with a blunt weapon (stick). When the deceased Habibullah fell down, co-accused Nadeem took
Bail can be granted when there is insufficient evidence against the accused and no apprehension of influencing witnesses or fleeing from justice.
The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.
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 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.
Bail may be granted when injuries are grievous but not life-threatening, investigation is complete, and no flight risk exists.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
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 established that the presence of forensic evidence and the recovery of a weapon can be sufficient grounds to deny bail, even in the absence of direct accusations in the F.I.R.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
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