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B. V. NAGARATHNA, N. KOTISWAR SINGH
Hemchand @ Happi – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. details of the appeal and charges. (Para 2 , 3 , 4) |
| 2. court's reasoning for bail. (Para 6 , 10) |
| 3. arguments presented by both parties. (Para 7 , 8 , 9) |
| 4. conditions and rationale for granting bail. (Para 11 , 12 , 13) |
| 5. conclusion and order of the court. (Para 14) |
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 31.07.2024 passed by the High Court of Rajasthan at Jaipur in S.B. Crl. Misc Bail Application. No.8207 of 2024.
3. The appellant herein has been booked for the crime registered pursuant to FIR No. 16 of 2023 dated 16.01.2023 lodged with Police Station Mandawar (Dausa) Dausa District, with respect to offences punishable under Sections 147 , 148, 149, 323, 302, 307, 336, 341, 451, 506 and 120-B of the INDIAN PENAL CODE , 1860 and Sections 3 , 25 and 27 of the ARMS ACT , 1959.
4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 31.07.2024, the appellant has preferred the instant appeal.
5. This Court vide its order dated 07.11.2024, issued notice in the instant matter.
6. We have heard learned counsel for the appellant in support of the appeal and learned counsel for the State and p
The basic rule of the criminal justice system is bail and not jail, and the denial of bail amounts to deprivation of personal liberty.
The decision to grant bail was influenced by the absence of injuries, the petitioner's prolonged custody, and the unlikelihood of the trial concluding soon.
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