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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE KULDEEP MATHUR, J
Ashok S/o Omprakash @ Oma Ram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
(KULDEEP MATHUR, J.)
This second application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.180/2024 registered at Police Station Rajiv Gandhi Nagar, Jodhpur City West, for the offences under Sections 302, 201 and 120-B of IPC.
2. As per the prosecution, the complainant– Heerpuri submitted a written report at Police Station Rajiv Gandhi Nagar, district Jodhpur stating inter-alia that on 29.06.2024 at 10:00 pm., when he went upstairs to sleep, he found that his son was not at home. He then started searching for him. The next morning, at 07:30 am., the dead body of his son was found near Bheel Keru Phanta, Jaisalmer Highway wrapped up in a sack and certain injury marks on his neck and other body parts were also visible. The complainant thus suspected that the dead body of his son was thrown on the road to make it look like an accident after murdering him.
3. On the basis of aforementioned report, the above mentioned FIR came to be registered and pursuant to which, the investigating agency during the course of the investigation, arrested the petitioners for the offences punishable under Sections 302, 201 and 12
The court emphasized the importance of direct evidence in bail applications, allowing bail for one petitioner due to insufficient evidence while rejecting it for another based on circumstantial evide....
Bail granted due to lack of direct evidence and prolonged judicial custody, emphasizing that CDRs cannot solely support a conviction.
The presumption of innocence prevails at the pre-conviction stage, necessitating bail when evidence is insufficient to justify continued custody.
The court emphasized that inconsistencies in the prosecution's case and lack of credible evidence justified granting bail to the accused.
A lack of specific allegations can warrant bail in cases involving accidental death due to negligence.
The court emphasized the balance between the gravity of the offence and the accused's right to liberty, allowing bail due to lengthy trial and similar circumstances of co-accused.
The court granted bail due to insufficient evidence of motive and prolonged judicial custody, emphasizing the right to timely trial.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
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