Bail Granted: Supreme Court Rules in Favor of Vishnu in Rajasthan Criminal Case

The Supreme Court of India recently ruled in the case of Vishnu vs. State of Rajasthan & Anr., granting bail to the appellant, who had been in custody since December 1, 2015. The case revolved around an altercation stemming from a dispute over firing crackers, which escalated into a criminal case under multiple sections of the Indian Penal Code (IPC), including Sections 147, 148, 149, 323, 341, 324, 325, and 307.

Background of the Case

The appellant, Vishnu, was accused in Case No. 238 of 2015, registered at Police Station Bair, Rajasthan. He was charged under serious offenses, including attempt to murder (Section 307 IPC), unlawful assembly (Section 147 IPC), rioting (Section 148 IPC), and causing hurt with dangerous weapons (Section 324 IPC).

The genesis of the incident, as noted in the FIR, was a dispute over the firing of crackers. The prosecution did not allege any longstanding enmity or premeditated intent behind the altercation. Despite this, Vishnu remained in custody for over a year before the matter was brought before the Supreme Court.

Key Legal Issues

Whether the prolonged detention of the appellant was justified given the nature of the charges.
Whether the lack of progress in the trial warranted the granting of bail.
Whether there was a risk of the appellant influencing witnesses if released on bail.

Petitioner’s Arguments (Vishnu)

The appellant’s counsel contended:

The appellant had already spent a significant period in custody (since December 2015), which was disproportionate to the nature of the offense.
The case did not involve any premeditated intent or ongoing disputes between the parties.
Only one witness had been examined in the trial, indicating a lack of progress in the prosecution’s case.
The appellant was willing to cooperate with the trial and adhere to any conditions imposed by the court.

Respondents’ Arguments (State of Rajasthan)

The State opposed the bail application on the following grounds:

The appellant was charged under serious offenses, including attempt to murder, which warranted continued detention.
There was a possibility that the appellant could influence witnesses if released on bail.
The trial had already commenced, and granting bail at this stage might hinder the prosecution’s case.

Supreme Court’s Observations

The Supreme Court took note of the following key factors:

The appellant had already been in custody for over a year.
The FIR suggested that the dispute arose over the firing of crackers, with no underlying enmity between the parties.
Only one witness had been examined in the trial, and further delays were likely.
Despite issuing notice, the complainant did not appear before the court.

The Court stated:

“Having regard to the factual background of the case, we are of the view that during the pendency of the trial, the appellant should be released on bail, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the competent court.”

Supreme Court’s Ruling

The Supreme Court granted bail to the appellant on the condition that he furnishes a personal bond of Rs. 10,000 with two sureties.
The appellant must cooperate with the trial and must not attempt to influence witnesses.
The State retains the right to apply for the cancellation of bail in case of non-cooperation.

Key Takeaways from the Judgment

Prolonged detention without significant trial progress can be a ground for bail.
Serious charges alone are not enough to deny bail if other mitigating factors exist.
The Supreme Court prioritizes fair trial principles and considers undue incarceration before conviction.

Conclusion

The judgment in Vishnu vs. State of Rajasthan reinforces the principle that bail should not be denied merely due to serious charges when trial delays and a lack of premeditated intent are evident. The ruling ensures that the appellant is not subjected to undue hardship while balancing the prosecution’s right to present its case effectively.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Vishnu vs State of Rajasthan & Supreme Court of India Judgment Dated 03-03-2017.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Bail and Anticipatory Bail
See all petitions in Attempt to Murder Cases
See all petitions in Custodial Deaths and Police Misconduct
See all petitions in Judgment by Kurian Joseph
See all petitions in Judgment by R. Banumathi
See all petitions in allowed
See all petitions in supreme court of India judgments March 2017
See all petitions in 2017 judgments

See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category