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MANJARI NEHRU KAUL
Mohit @ Situ – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
(Manjari Nehru Kaul, J.)
This order shall dispose of the above-mentioned petitions filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail to the petitioners, as they arise out of same FIR i.e. FIR No.27 dated 23.05.2021 under Sections 120-B, 302, 201, 34 of the IPC and Sections 25 and 27 of the Arms Act, registered at Police Station GRP Sonipat.
2. Learned counsel for the petitioners submit that a perusal of the FIR in question makes it abundantly clear that the instant case hinges solely on circumstantial evidence. It has been submitted that as per the allegations levelled in the FIR by the complainant (nephew of deceased Naresh), he received a telephonic call from PW-1 Krishan that his uncle Naresh (hereinafter referred to as ‘deceased’) had been shot at by some person. Learned counsel submit that even as per the allegations levelled in the FIR in question, no attribution had been made to either of the petitioners of being present at the scene of the crime much less of having fired towards the deceased. Rather, PW-1 Krishan had not mentioned the name of any assailant while informing the complainant about the alleged crime. Learned cou
The court granted bail due to lack of direct evidence against the petitioners and prolonged custody without trial, emphasizing the importance of fair trial rights.
Bail applications require a balance of crime severity, punishment nature, and prima facie involvement; refusal is justified when allegations are grave.
The likelihood of witness tampering and the criminal background of the accused are valid reasons for denying regular bail.
Murder offence - Rejection of Bail - stage of framing of charges - Grievous injuries were found on the person of the deceased which proved fatal - petitioner may threaten or influence the witnesses, ....
The court's decision was based on the lack of incriminating evidence exclusively within the knowledge of the accused-petitioners and the lack of support from the star prosecution witness.
The changed stand of a key witness, lack of progress in prosecution evidence, and prolonged custody can be considered in granting regular bail.
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