Back
RAJNISH BHATNAGAR
Vipin – Appellant
Versus
State – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C for grant of regular bail in case FIR No. 524/2016 U/s 365/364A/392/397/328/342/411 IPC and Sections 25/27 of Arms Act registered at Police Station Jaitpur.
2. I have heard the Ld. counsel for the petitioner, Ld. APP for the State, perused the Status Report and also perused the records of this case.
3. It is submitted by the Ld. counsel for the petitioner that the bail application on behalf of the petitioner was dismissed by the Sessions Court vide order dated 25.04.2023 on the ground that the petitioner has misled the Court by not stating the actual status of his previous bail applications and the bail application of the petitioner was not heard on merits.
4. It is further submitted by the Ld. counsel for the petitioner that the petitioner has been languishing in jail for the last more than 7 years. It is further submitted that three co-accused persons with similar role are already on regular bail and both the victims have already been examined, so there are no chances of threatening or tampering with the evidence. It is further submitted that the petitioner has clean p
The decision to grant bail was influenced by the petitioner's prolonged incarceration, examination of material witnesses, and the fact that other co-accused persons with similar roles were already on....
Bail is a rule and jail is an exception. Once the investigation is complete and the charge-sheet is filed, prolonged pre-trial detention constitutes an unauthorized punitive measure against the princ....
The principle of parity with other co-accused, completion of previous sentences, and progress in the examination of a main witness influenced the court's decision to grant bail.
The severity of the accusation, the gravity of the offence, and the accused's criminal history are crucial factors in determining bail eligibility.
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
The court reiterated that bail is the rule and jail is the exception, emphasizing that personal liberty necessitates granting bail when the investigation is complete and the chargesheet is filed, pro....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
