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PUSHPENDRA SINGH BHATI
Mahaveer Prasad – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - This Court perused the material available on record.
2. The petitioner has been arrested in connection with FIR No.220/2020 of Police Station Srikaranpur, District Sriganganagar for the offences punishable under Sections 302, 307, 323, 324, 447, 147, 148, 149, 120-B IPC and Sections 27, 30 of arms act. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has shown the order dated 17.05.2021 passed by this Court in Rahul @ Kalu Vs. State of Rajasthan (S.B. Criminal Misc. Bail application No.5984/2021), which reads as under:
'In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
Heard learned counsel for the parties and perused the material available on record.
The petitioners have been arrested in connection with FIR No.220/2020 of Police Station Sri Karanpur, District Sri Ganganagar for the offence punishable under Sections 302, 307, 323, 324, 447, 147, 148, 149 & 120B of IPC and Sections 27, 30 of arms act. They have preferred these bail applications under Section 439 Cr.P.C.
Learned counsel f
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
The main legal point established is that bail may be granted based on the specific allegations and witness statements, and the expected duration of the trial.
The court established that lack of specific allegations and the potential for a lengthy trial can justify the granting of bail under Section 439 Cr.P.C.
Granting bail based on the totality of facts, similar bail granted to co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
The delay in the conclusion of the proceedings and the bail granted to similarly situated co-accused persons are significant factors in considering a bail application.
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court upheld the principle that credible witness testimony can establish a prima facie case sufficient to deny bail, even in the face of claims of false implication.
The Court considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Sect....
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