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DEVENDRA KACHHAWAHA
Mahesh Kumar – Appellant
Versus
State – 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 on behalf of the petitioner under Section 439 Cr.P.C. in connection with FIR No. 177/2021, registered at Police Station Aburoad Sadar, District Sirohi, for the offence under Section 376 IPC.
3. Heard learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor, present-in-person so also the counsel for the complainant through video conferencing. Perused the material available on record.
4. Learned counsel appearing for the petitioner states that initially the complaint was filed against the accused petitioner as well as family members of the accused petitioner, in total 5 persons but the charge-sheet was filed only against the petitioner; and as per the evidence, no offence is made out against the family members of the accused petitioner for offences under Sections 384, 120B & 166 IPC. It is submitted that the prosecutrix 'S' is a married lady and a divorce petition i
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 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 lack of support from the complainant, the prosecutrix's retraction of her statement, the nature of allegations, the gravity of the offense, and the likely duration of the tri....
The gravity of the offence and the statement of the victim are crucial factors in deciding whether to grant bail.
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 court considered the lack of support from the prosecutrix and the period of custody undergone by the petitioner in granting regular bail.
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