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DEVENDRA KACHHAWAHA
Tarun Mali S/o Likhmaram – 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.290/2021, Police Station Marwar Junction, District Pali, registered for the offence punishable under Sections 384 & 354 of the Indian Penal Code and Section 67 of the I.T. act.
3. Heard 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 one agreement in regard to sale of a property has been exhibited between Pushpa Devi, mother of the complainant and Lakhma Ram, father of the petitioner; amount of sale consideration is Rs. 22,00,000/- and Rs. 12,00,000/- have been paid at the time of execution of agreement and remaining amount has to be paid before 31.12.2019 but, the same has not been paid by complainant side; petitioner has falsely been implicated
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 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 prolonged custody, absence of injury, and expected lengthy trial period in allowing the bail application.
The main legal point established is that in considering a bail application, the court may take into account the lack of specific allegations, evidence, and the likelihood of a lengthy trial.
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic of corona virus (COVID-19).
The possession of the property by the complainant for a significant period without raising any complaint influenced the Court's decision in allowing the bail application.
The court considered the impact of the COVID-19 pandemic and the absence of specific allegations of dowry demand in granting bail to the accused.
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