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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
HOKLA @ HARISH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 439 Cr.P.C . has been filed by the petitioners who have been arrested in connection with F.I.R. No.75/2024 registered at Police Station Pahada, Dist.Udaipur, for the offences under Sections 103(1) and 3(5) of BNS.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. After arguing the matter at some length, learned counsel for the petitioners does not want to press the bail application filed on behalf of Petitioner No.2- Smt Sharmila Devi W/o Naveen Kumar, but he seeks leave of the Court to file a fresh bail application on her behalf after the statements of the children are recorded.
4. Accordingly, the bail application filed on behalf of the petitioner No.2- Smt Sharmila Devi W/o Naveen Kumar is dismissed as not pressed with liberty prayed for. It is expected from the trial court that the statements of the children will be recorded on priority basis.
5. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the material prosecution witnesses viz. Uma Parmar and Kartik Parmar in their statements recorded under Section 161 Cr.P.C . have leve
Bail should be granted unless there is a substantial risk of influencing witnesses or fleeing, particularly when the investigation is complete.
The court considered the lack of witness support, the petitioner's time in custody, and the expectation of a lengthy trial in granting bail to the accused-petitioner.
The grant of bail is justified when material prosecution witnesses turn hostile, indicating insufficient evidence for conviction.
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 can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
The court considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
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