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DEVENDRA KACHHAWAHA
Mohammad Ajam – 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.100/2018, Police Station Hathipole, District Udaipur, registered for the offence punishable under Sections 387 and 120-B of the Indian Penal Code.
2. Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that the petitioner has falsely been implicated in this case; petitioner is behind the bars approximately for two years; charge-sheet has been filed; as per para 7 of the rejection order, statements of five witnesses have been recorded before learned trial Court; further investigation 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 has vehemently opposed the bail application of the accused-petitioner and stated that thirty-one other cases have been registered against the accused-petitioner out of which, fourteen
The court may grant bail to an accused-petitioner based on the length of time spent in custody, the filing of charge-sheet, and the expected lengthy trial, while also imposing conditions considering ....
The court established that prolonged judicial custody without trial, along with the filing of a charge-sheet, can justify the granting of bail under Section 439 of the Cr.P.C.
The court's decision on the bail applications was influenced by the nature of the offences, the pendency of cases, and the likelihood of prolonged further investigation and 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 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.
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 prolonged judicial custody and lack of evidence from key witnesses can warrant the granting of bail under Section 439 Cr.P.C.
The court established that prolonged judicial custody without pending investigations can lead to the granting of bail, reinforcing the presumption of innocence and the right to personal liberty.
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