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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Sangram Singh @ Sonu, S/o Raghuraj Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
SAMEER JAIN, J.
1. Before proceeding to consider the present applications seeking grant of bail to the accused-applicants, this Court considers it appropriate and necessary to delineate, at the outset, the factual matrix of the alleged incident, as has been placed on record and articulated by the learned counsel appearing on behalf of the accused-applicants across all the connected bail applications. Accordingly, the foundational facts, forming the substratum of the present case are summarised and set out hereinbelow:
1.1 That an FIR bearing No. 0100/2025 has been lodged on 31.03.2025 by the complainant, Shri Naresh Chaudhary, at Police Station Talera, District Bundi, alleging commission of offences punishable under Sections 103 (1) and 189(2) of the Bharatiya Nyaya Sanhita, 2023 against the accused-applicants. The said FIR sets in motion the criminal law with respect to the incident forming the subject matter of the present bail applications.
1.2 That as per the recitals contained in the FIR, it is alleged that the victim-Lokendra, had been brutally assaulted by a group of individuals, the accused-applicants herein, at a location in the vicinity of Talera. It is further alleg
The court held that the serious nature of the alleged crime and substantial evidence against the applicants warranted the denial of bail at this stage.
The severity of the offences, the common object of the accused, and the inability to ascertain individual roles at the pending trial stage were crucial in the court's decision to dismiss the bail app....
Bail should not be denied for punitive purposes, and the presumption of innocence must be upheld, particularly when evidence does not conclusively link the accused to the crime.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
The court emphasized that the severity of the crime and the criminal history of the appellants outweighed their arguments for bail, highlighting the need to protect the victim's family's rights.
The court established that in cases involving serious charges and prima facie evidence of violent conduct, bail may be denied to protect society and ensure the integrity of the judicial process.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
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