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DEVENDRA KACHHAWAHA
Sonu @ Pata @ Yogendra Singh – 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.373/2021, Police Station Sadar Bikaner, District Bikaner, registered for the offence punishable under Sections 458, 323, 504, 336, 354 and 143 of the Indian Penal Code.
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 petitioner has falsely been implicated in this case; as per prosecution, petitioner along with other co-accused persons entered into the house of the complainant with weapons but not with an intention to cause injuries; compromise has been taken place between the parties; copy of affidavit of complainant (victim) anjali has been filed along with the present bail application; and trial will take time. With these submissions,
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'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 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 of the case and the time spent in custody as key factors in granting bail to the accused-petitioners.
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.
Granting bail based on the precedent of a similar case without expressing any opinion on the merits/demerits of the case.
Prolonged pre-trial detention is against the concept of liberty and can be a basis for granting bail.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
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