MANISH PITALE
Arun Kumar – Appellant
Versus
Police Inspector, Colva – Respondent
JUDGMENT
1. These two applicants before this Court are seeking bail in connection with FIR No.77 of 2021 dtd. 16/10/2021, registered at the Colva Police Station, South Goa for offences under Sec. 370 of the IPC and Ss. 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.
2. It is an admitted position that there are three accused persons in this case and accused no.2 was granted bail by this Court on 9/2/2022.
3. Although these applications are listed for the first time before this Court, since an advanced copy was served on the office of learned Advocate General, the learned Public Prosecutor has appeared in these cases and say has been filed in these applications.
4. Mr. R. Desai, learned Counsel appearing for the applicants has placed reliance on the order dtd. 9/2/2022 passed by this Court granting bail to accused no.2(Criminal Misc. Application (Bail) No.43 of 2022-F- Satwat Singh Vs The Police Inspector Officer Incharge of Colva Police Station and anr.). The learned Counsel seeks parity and submits that the applicants undertake to abide by the conditions that this Court may impose while granting bail. It is further submitted that the aforesaid order of this Court was brought
The principle of parity and consideration of the seriousness of offenses, lack of victim witnesses, completion of investigation, and absence of criminal antecedents influenced the court's decision in....
The court may grant pre-arrest bail when the investigation is substantially complete, the accused is not named in the First Information Report, or the grievances between the parties have been settled....
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail application is allowed on the ground of parity.
The principle of parity in bail applications allows for similar treatment of accused individuals in comparable circumstances, provided that appropriate safeguards are in place to protect the integrit....
The court emphasized the importance of considering the facts of the case after the filing of the charge-sheet before granting bail and highlighted the impact of the cancellation of a previous bail or....
The court established that prolonged detention without trial, alongside the nature of the injuries and the status of co-accused, can justify the granting of bail, reinforcing the presumption of innoc....
The court considered the duration of the applicant's incarceration, her local status, and willingness to offer sureties before granting bail with certain terms and conditions.
Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.
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