Case Note & Summary
The applicant, Rajesh Dhakal Rao, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection with C.R. No.I-76 of 2020 registered at Kasa Police Station, Palghar, for offences initially under Sections 307, 353, 332, 333, 341, 427, 147, 148, 149 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 5 of the Prevention of Damage to Public Property Act, 1984. Subsequently, Sections 302, 120B, 109, 117, 143, 144, 145, 152, 153, 188, 201, 269, 270, 271, 290, 342, 505(2) read with Section 34 of IPC were added. The case pertains to an incident on 17th April 2020, where a mob allegedly attacked a group of individuals, resulting in the death of one person. The applicant was arrested and has been in custody. The prosecution opposed bail, arguing that the applicant was part of the unlawful assembly and that custodial interrogation was necessary. The court, after hearing both sides, noted that the applicant was only named as part of the unlawful assembly and no specific overt act was attributed to him. The court also considered that the investigation was complete and the charge-sheet had been filed. The court held that a prima facie case for the offence of murder under Section 302 IPC was not made out against the applicant. Accordingly, the court granted bail subject to conditions, including furnishing a PR bond of Rs. 25,000 with one or two sureties, not tampering with evidence, not leaving India without prior permission, and attending trial regularly. The court clarified that observations were only for the purpose of deciding the bail application and not on the merits of the case.
Headnote
A) Criminal Law - Bail - Prima Facie Case - Section 302, 307, 353, 332, 333, 341, 427, 147, 148, 149, 120B, 109, 117, 143, 144, 145, 152, 153, 188, 201, 269, 270, 271, 290, 342, 505(2) read with 34 of Indian Penal Code, 1860 and Sections 3, 5 of Prevention of Damage to Public Property Act, 1984 - Applicant sought bail in connection with mob lynching case where victim died - Court held that since no specific overt act was attributed to the applicant and he was only part of unlawful assembly, prima facie case for murder not made out - Bail granted with conditions (Paras 1-23). B) Criminal Procedure - Bail - Conditions - Section 439 of Code of Criminal Procedure, 1973 - Court imposed conditions including furnishing PR bond, not tampering with evidence, not leaving India without permission, and attending trial regularly (Paras 23-24).
Issue of Consideration
Whether the applicant is entitled to bail in a case involving multiple offences including murder, where the applicant was part of an unlawful assembly but no specific overt act is attributed to him.
Final Decision
The court allowed the bail application and directed the applicant to be released on bail on furnishing a PR bond of Rs. 25,000 with one or two sureties, subject to conditions including not tampering with evidence, not leaving India without prior permission, and attending trial regularly.
Law Points
- Bail
- Prima Facie Case
- Section 302 IPC
- Unlawful Assembly
- Overt Act
- Custodial Interrogation
- Flight Risk
- Tampering with Evidence
