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Bail application for accused in a murder case under Sections 302/201, IPC - Consideration of factors for granting bail under Section 439, Cr.P.C. - Application of proviso to Section 437(1), Cr.P.C. for an elderly accused - Role of evidence and witnesses in determining bail eligibility. Detailed Analysis: 1. The judgment pertains to a bail application by the accused in a murder case under Sections 302/201, IPC. The prosecution alleged that the victim was beaten, locked in a room, and subsequently burnt to destroy evidence. The accused, an elderly woman, argued lack of specific role attribution and delay in reporting. The court noted positive evidence against the accused and family members, absconding behavior, and circumstantial evidence supporting a prima facie case. 2. The court emphasized that bail under Section 439, Cr.P.C. is not a blanket power and must be judicially exercised. Factors like the nature of the offense, accused's status, fleeing likelihood, and societal impact are crucial. The court highlighted that bail is a procedural privilege, not a right, and public justice interests must be safeguarded, especially in heinous offenses affecting society. 3. The judgment clarified that the first information report need not be filed by an eyewitness only. In cases like the present, where family bitterness is involved, witnesses may remain silent due to fear or relationship with the accused. The absence of reporting by the accused or family members was also noted as a relevant factor in assessing bail eligibility. 4. The court referenced legal precedents to emphasize that bail decisions should be based on prima facie evidence without exhaustive exploration of merits. The Supreme Court's stance on bail criteria, evidence scrutiny, and societal impact guided the court's decision-making process in denying bail to the accused based on the gravity of the offense and societal implications. 5. Regarding the proviso to Section 437(1), Cr.P.C., the court rejected the elderly accused's plea for bail, emphasizing discretionary nature and need for special circumstances. The court held that the accused's relationship with the victim and the offense's severity did not warrant bail under the proviso, aligning with the rule of prudence and precedent limitations. 6. Ultimately, considering the offense's gravity, manner of commission, and societal impact, the court denied the bail application, concluding that the accused did not merit release. The judgment highlighted the importance of balancing personal liberty with public justice interests and the need to assess each case's unique circumstances for bail decisions.
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