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2022 (1) TMI 1405 - SC - Indian LawsSeeking grant of bail - Murder - pre-existing rivalry between the Respondent-Accused, his brothers namely, Arjun, Satyanarayn and Okramal and the deceased - HELD THAT:- There cannot be elaborate details recorded to give an impression that the case is one that would result in a conviction or, by contrast, in an acquittal while passing an order on an application for grant of bail. However, the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the Accused; severity of the punishment if the allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of the witnesses being influenced by the Accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the Accused; and a prima facie satisfaction of the Court in support of the charge against the Accused. Ultimately, the Court considering an application for bail has to exercise discretion in a judicious manner and in accordance with the settled principles of law having regard to the crime alleged to be committed by the Accused on the one hand and ensuring purity of the trial of the case on the other. This is not a fit case for grant of bail to the Respondent-Accused, having regard to the seriousness of the allegations against him. Strangely, the State of Rajasthan has not filed any appeal against the impugned order - the High Court was not right in allowing the application for bail filed by the Respondent-Accused. Appeal allowed.
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