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DEVENDRA KACHHAWAHA
Pavan @ Pankaj – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.374/2021, Police Station Kankroli, District Rajsamand, registered for the offences punishable under Sections 457 and 380 of the IPC.
2. Heard and considered the arguments advanced by learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that offences are triable by Magistrate; petitioners are behind the bars for more than two months; no recovery or investigation is pending against the petitioners; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners and stated that three other cases of identical nature are registered against the accused-petitioner No.1, Pavan @ Pankaj and six other cases of identical nature are registered against the accused-petitioner No.2, Gordhan Lal @ Kanha which shows
The court's decision on the bail applications was influenced by the nature of the offences, the pendency of cases, and the likelihood of prolonged further investigation and trial.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court may grant bail based on the triability of the offences by the Magistrate, filing of charge-sheet, and the expected duration of the trial.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court considered the triability of the offences, previous bail grants to co-accused persons, and the expected delay in further investigation and trial as key factors in granting bail to the accus....
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
The court established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
The court considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
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