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DEVENDRA KACHHAWAHA
Janiya – 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 second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.34/2021, Police Station Mandwa, District Udaipur, registered for the offences punishable under Sections 302 and 147 of the Indian Penal Code.
3. Heard and considered arguments advanced by learned counsel for the petitioners through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
4. Learned counsel for the petitioners stated that first bail application (No.9029/2021) was rejected vide order dated 14.07.2021; incident took place on 21.05.2021 and FIR has been filed on 01.06.2021; omnibus allegations have been levelled upon the petitioners; benefit of bail has been granted to co-accused persons, viz., Lumba, Miniya, Kisna and Kaliya; no specific allegations have been levelled against the petitioners; charge-sheet has been filed. Le
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 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 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.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
The court may consider the unprecedented situation of the COVID-19 pandemic, particularly in the jails, as a justifiable ground for granting bail.
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 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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