Can accused gets bail if medical evidence is not supporting prosecution story? In the heat and enmity of the election my father in law was falsely implicated in the offence of murder. During the election campaign he went to primary school in his village. At the place some miscreants of the rival group were also present. In the heat of the election campaign a faction started to fight. In that fight some people received injuries. Later on he came to know that a person had died. In the FIR the informant stated that he saw that the accused (my father in law) inflicted knife injury and his associates fired gunshots over the deceased.
They fired as many as nine gun shots targeting the deceased. In the post mortem report no sharp edge injury was found. Only one entry wound was found near the left ear. Only one empty cartridge was found near the place of occurrence. The sessions court has refused the bail application, is there any possibility to get bail from the high court?
Prima facie it seems from the facts of your case that the post mortem report of the deceased does not support the prosecution version. So far as the recovery of incriminating materials are concerned, only one empty cartridge was found from the place of incident.
The informant has stated in the FIR that he saw that the accused had inflicted the deceased with a knife. No knife is recovered from the accused as well as no sharp edge injury found on the body of the deceased.
So far as the use of firearms and gun shots are concerned, no allegation made against your father in law that he used the firearm. It is stated that his associates fired from their gun targeting the deceased.
They fired nine gunshots. Recovery of only one empty cartridge at the place of incident and only one entry wound on the deceased, itself proves that the allegation of nine gunshots is false.
No firearm recovered from the accused and his associates. In absence of recovery of firearms from the possession of the accused, it cannot be proved that the accused has caused that gunshot.
There is a specific allegation against the accused (your father in law) that he inflicted the deceased with a knife. No sharp edge injury found on the body of the deceased. No allegation about the use of firearms alleged against your father in law. This itself suffices to get bail from the court. The sessions court has erroneously rejected the bail application.
In this scenario, you should move another bail application to the high court under section 439 of the code of criminal procedure. The high court may grant bail because the medical evidence, recovery of incriminating materials are not supporting the prosecution story, therefore, the case is prima facie false and fabricated.
