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VISHAL DHAGAT
Bharat Singh Kushwaha S/o Shri Radheshyam Kushwaha – Appellant
Versus
State of Madhya Pradesh Through Police Station Raisen – Respondent
ORDER :
1. This is a repeat (third) application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 24.4.2023 in connection with Crime No. 153/2023, registered at Police Station Kotwali District Raisen for the offence punishable under Sections 307, 294, 323, 324, 506, 34 and 302 of the Indian Penal Code.
2. Learned counsel appearing for the applicant submitted that as per prosecution story applicant was armed with lathi. 12 injuries is said to have been caused to the victim and except one injury all other injuries are incised wound. One injury is a lacerated wound skin deep and that injury could not have been caused by a lathi. Applicant has been falsely implicated in the case as there was previous enmity and complainant has been convicted in another case. In these circumstances, applicant may be enlarged on bail.
3. Learned counsel appearing for the State has opposed the bail application and submitted applicant along with other co-accused persons participated in the offence. He was also armed with a lathi. Lacerated wound could have caused by the applicant or other co-accused persons. At present there is eye witness account that applicant was present and
Bail applications should not be decided on the merits of the case, and the evidence adduced in trial should be weighed by the trial court.
Bail applications should not be determined based on the merits of the case, and the trial court is tasked with evaluating evidence presented during the trial.
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
A subsequent bail application must show substantial changes in circumstances to be considered, otherwise it is treated as a review of the earlier rejection.
The court granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
The court emphasized that consistent eyewitness testimony and corroborating medical evidence are critical in denying bail for serious charges, including murder.
The court granted bail despite serious charges due to a compromise between parties and the diminished likelihood of conviction, emphasizing the right to liberty.
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
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