Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Kailash, S/o. Rajaram Vishnoi – Appellant
Versus
State Of Rajasthan, Through Pp. – Respondent
| Table of Content |
|---|
| 1. details of the case and fir (Para 1 , 2) |
| 2. arguments for and against bail (Para 3 , 4) |
| 3. judicial observations on bail principles and rights (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. granting of bail based on trial delays (Para 13 , 14) |
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
|---|---|---|
| 1 | FIR Number | 192/2022 |
| 2 | Concerned Police Station | Nokha |
| 3 | District | Bikaner |
| 4 | Offences alleged in the FIR | Sections 302, 307, 450, 147, 148, 149 IPC & Section 27 of the Arms Act |
| 5 | Offences added, if any | Section 120-B of the IPC |
| 6 | Date of passing of impugned order | 19.03.2025 |
2. The concise facts of the case as alleged in the FIR are that on 10.05.2022, at about 11:15 AM, the complainant Hajariram lodged a written report before Smt. Manjeet Kaur, Sub-Inspector, Police Station Nokha, at the Mortuary Room of PBM Hospital, Bikaner. In his report, he averred that he resides along with his family in a dhani situated within his agricultural fields at Himmatser. His daughter Geeta had been married to Om P
The right to bail is affirmed, emphasizing that no individual should suffer indefinite pre-trial incarceration without due judicial process, particularly when evidence against the accused is lacking.
Bail should be granted in cases of unreasonable trial delay, reflecting the presumption of innocence and ensuring fundamental rights are protected according to criminal jurisprudence.
The right to a speedy trial is fundamental, and indefinite incarceration without trial violates Article 21 of the Constitution.
Prolonged detention without trial violates constitutional rights; bail granted due to insufficient evidence and delay in proceedings.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
The court emphasizes the importance of presumption of innocence and potential delays in trial when considering bail applications under Section 439 Cr.P.C.
Bail is a right at pre-conviction stage barring exceptional circumstances; prolonged detention without trial infringes fundamental rights.
The court emphasized the presumption of innocence and the rule of granting bail at the pre-conviction stage, allowing bail when no substantial evidence against the accused is presented.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
