M. M. SUNDRESH, N. KOTISWAR SINGH
Bhashkar Singh @ Bikash Kumar – Appellant
Versus
State of Bihar Patna – Respondent
Question 1? Question 2? Question 3?
| Table of Content |
|---|
| 1. facts of the case and prior bail grants. (Para 2 , 4) |
| 2. court expresses inclination to grant bail. (Para 3 , 5) |
| 3. bail granted and appeal allowed. (Para 6 , 7 , 8) |
ORDER
2. The appellant seeks bail in connection with FIR No.20/2023, dated 14.08.2023, registered at Police Station Khagaria (Cyber), for the offences punishable under Sections 419 , 420, 379, 406, 467, 468, 471, 120B and 34 of the INDIAN PENAL CODE , 1860, Section 66D of the Information Technology Act, 2000 and Section 3 of the Bihar Protection of Interest of Depositors (in Financial Establishments) Act, 2002.
4. We have been informed that the appellant has been under incarceration for two years and two months approximately. Though similar offences have been registered against him, he has been granted bail in all those cases.
6. Accordingly, the impugned order is set aside and the appellant is granted bail on the terms and conditions to the satisfaction of the concerned Trial Court.
8. Pending application(s), if any, shall stand disposed of.
Bail granted based on prolonged incarceration and previous bail approvals in similar cases, establishing principles for granting bail in serious offenses.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Statutory bail granted due to prolonged custody under section 483, balancing investigation needs and rights of the accused.
The court established that bail can be granted when the nature of allegations does not warrant continued custody, especially in the absence of serious charges and with completion of investigation.
The court emphasized the necessity of pre-arrest bail provisions while considering the seriousness of the allegations and the impact on ongoing investigations.
Bail applications under Section 439 require careful consideration of the gravity of the offence and the risk of influencing witnesses, especially in serious cases involving sexual offences.
Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.
The court considered the nature of the offence, the amount transferred, and the petitioner's period of detention in granting bail for a cybercrime case.
Bail can be granted under Section 439 Cr.P.C. when the totality of circumstances, including the nature of allegations and the existence of a compromise, warrant such a decision.
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