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DEVENDRA KACHHAWAHA
Rajesh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.
2. 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.487/2021, Police Station Kotwali Banswara, District Banswara, registered for the offence punishable under Section 392/34 of the Indian Penal Code.
3. Heard and considered arguments advance by learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
4. Learned counsel for the petitioner stated that offence is triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 08.12.2021; 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.
5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-
The court considered the circumstances of the case, including the nature of the offense, the petitioner's time in custody, and the expected trial duration, in granting bail.
The court's decision to grant bail was influenced by the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial d....
The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.
The court considered the prolonged custody, absence of injury, and expected lengthy trial period in allowing the bail application.
The court considered the circumstances of the case and the time spent in custody as key factors in granting bail to the accused-petitioners.
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the unprecedented situation of the COVID-19 pandemic.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
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 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 established that bail can be granted based on the totality of circumstances, including the duration of custody and precedents in similar cases, without delving into the merits of the case.
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