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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE KULDEEP MATHUR, J
Dinesh, S/o Shri Madan Prakash – Appellant
Versus
State Of Rajasthan – Respondent
Order :
(KULDEEP MATHUR, J.)
These applications for bail under Section 483 BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.190/2023 registered at Police Station Reserve Centre Purani Aabadi, Dist. Sri Ganganagar, for the offences punishable under Sections 302 and 120-B of IPC.
2. As per the prosecution, on 03.10.2020 at around 12:14 P.M., the complainant – Ishaq Mohammad received a call from one Rajendra informing him that Babar Sohel was unwell and he along with Ali Haidar and Pramod took him to Tatia Hospital. As per the prosecution, son of the complainant – Babar Sohel died while undergoing treatment at the hospital.
3. In the marg (report), the complainant i.e. the father of the deceased Babar Sohel stated that Babar Sohel was a drug addict and he had died due to overdose of the drug and therefore, his body may be handed over to him for his final rites without reporting the incident to police or conducting post-mortem thereupon.
4. As per the prosecution, after the final rites of the deceased-Babar Sohel were done, the complainant submitted a report dated 11.10.2020 at P.S. Purani Abadi, Sri Ganganagar that his son Babar Sohel had been kil
The court emphasized that inconsistencies in the prosecution's case and lack of credible evidence justified granting bail to the accused.
Bail granted due to lack of direct evidence and prolonged judicial custody, emphasizing that CDRs cannot solely support a conviction.
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....
The court granted bail due to insufficient evidence of motive and prolonged judicial custody, emphasizing the right to timely trial.
The absence of direct evidence of instigation and significant delay in filing the FIR justified granting bail to the petitioner.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The court found no direct evidence of intention to instigate suicide, allowing bail as essential ingredients of abetment were absent.
The presumption of innocence is paramount; a negative viscera report does not automatically negate the possibility of abetment of suicide and dowry death charges, highlighting the need for a thorough....
The court ruled that bail cannot be denied as a form of punishment before trial, emphasizing that continued detention is unwarranted when the investigation is complete.
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