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DEVENDRA KACHHAWAHA
Dungar Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.07/2022, Police Station Kotwali, District Jaisalmer, registered for the offence punishable under Sections 147, 148, 341, 323, 325 and 307/149 of the Indian Penal Code.
2. Heard and considered the arguments advanced by learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
3. Learned counsel for the petitioner stated that head injury of the injured Lakh Singh is attributed to co-accused Madho Singh; petitioner is a student; due to some rivalry, petitioner has been implicated in this case; petitioner is behind the bars since 05.01.2022; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor and learned counsel appearing on behalf of the complainant have fervently and vehemently opposed the bail ap
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court may grant bail based on the triability of the offences by the Magistrate, filing of charge-sheet, and the expected duration of the trial.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The court established that bail can be granted under Section 439 Cr.P.C. when the charge-sheet is filed, co-accused have been granted bail, and the trial is likely to be prolonged.
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