2. Applicant's Argument: Kuldeep's counsel argued that there was no concrete evidence linking him to the crime. The defense emphasized the lack of recovered weapons from his possession and no direct allegations in the FIR. They contended that this absence of evidence should merit bail.
3. Court's Reasoning: Justice Rajendra Prakash Soni highlighted that the absence of direct participation in the physical attack does not absolve Kuldeep. The court emphasized the concept of "common intention," suggesting that even indirect involvement, such as being present or aiding in the crime, is significant.
4. Evidence Against the Applicant: The court pointed to substantial prima facie evidence indicating Kuldeep's involvement. He was alleged to have accompanied the main accused on a bike to the crime scene and kept watch during the attack. These actions were considered sufficient to establish his role in the murder.
5. Legal Precedents: The court referenced legal principles regarding the difficulty of obtaining direct evidence of common intention. Instead, the existence of such intention must be inferred from surrounding circumstances, which is only possible during the trial stage.
6. Ruling: The court concluded that the severity of the accusations and the material evidence presented against Kuldeep did not justify granting bail. The court's decision underscores the importance of considering the broader context of an accused's involvement in criminal activities, even in the absence of direct evidence.
7. Implications: This ruling highlights the judiciary's approach to cases involving common intention and indirect participation in crimes. It reinforces the notion that all participants, whether directly involved or not, can be held accountable based on circumstantial evidence and inferred intent.
8. Legal Context: The decision aligns with established legal principles that prioritize the thorough examination of all evidence, including indirect involvement, in determining the culpability of an accused. The court's stance serves as a deterrent to those who might facilitate crimes without directly participating.
9. Conclusion: The Rajasthan High Court's denial of bail to Kuldeep reflects a stringent approach to upholding justice and ensuring that all individuals involved in criminal activities, directly or indirectly, are held accountable. This case underscores the complexity of legal proceedings where common intention and indirect involvement play crucial roles.
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