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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
RAVI CHIRANIA
Mahendra Singh S/o Shri Roopa Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. First bail application i.e. S.B. Criminal Misc. Bail Application No.11798/2024, came to be rejected by this Court vide order dated 20.9.2024. Thereafter, due to change in circumstance and subsequent events taken place, this second bail application has been filed.
2. The instant second bail application under Section 483 B.N.S.S. has been filed by accused-applicant Mahendra Singh S/o. Roopa Ram connection with FIR No.119/2024 registered at P.S. Kotwali, Jalore, District Jalore for offence under Sections 302 /34 IPC , against the rejection order dated 15.4.2025 passed by learned Sessions Judge, Jalore in Criminal Misc. Case No.157/2025 (Sessions Case No.56/2024, State Vs. Mahendra Singh), whereby the bail application filed by the petitioner has been rejected.
3. Before arguing on bail application, learned counsel for the petitioner submitted that investigation in the case is complete and police has filed charge-sheet on 09.6.2024.
4. Counsel Mr. Gaurav Singh & Mr. Sanjay Khedar stated that the complainant alleged in the impugned FIR that petitioner and one Uda Ram killed his brother-in-law namely deceased Sunil Kumar S/o. Dharam Chand by giving him poison in cold drink while h
Delay in filing an FIR and contradictions in witness statements can undermine the prosecution's case, leading to approval for bail despite serious allegations.
The prosecution must establish the guilt of the accused beyond reasonable doubt; failure to prove clear connections in poisoning cases led to acquittal.
The prosecution must prove its case beyond a reasonable doubt; significant contradictions and procedural irregularities in the FIR undermine the conviction.
A conviction under Section 394 IPC requires evidence of guilt beyond reasonable doubt, which is compromised by significant procedural lapses and inconsistencies in witness statements.
Point of law: where the informant after the occurrence did not go to the police station to lodge the F.I.R. but went to an Advocate at a distance of 15 kms. from the place of occurrence, for consulta....
The court determined the necessity for bail based on the absence of direct allegations against certain petitioners, while evidence of serious involvement warranted denial for another.
The main legal point established in the judgment is the reliance on consistent witness testimony, post-mortem evidence, and the lack of evidence to support the appellants' claims in affirming the con....
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