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DEVENDRA KACHHAWAHA
Dashrath – 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 petitioners, who are in judicial custody in connection with F.I.R. No.344/2021, Police Station Chhoti Sadari, District Pratapgarh, registered for the offence punishable under Sections 3, 5, 6, 8 & 9 of Rajasthan Bovine animal (Prohibition of Slaughter & Temporary Migration or Export Regulation) act & Section 11 of animal Cruelty act.
3. Heard 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 offences are triable by Magistrate; charge-sheet has been filed; petitioners are behind the bars since 14.12.2021; no other case has been registered against the petitioners; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioner.
5.
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 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 may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.
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 triability of the offences, absence of cruelty to the animals, and the duration of the accused petitioners' custody in granting bail.
The court considered the prolonged custody, absence of injury, and expected lengthy trial period in allowing the bail application.
The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.
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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