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ASHOK KUMAR JAIN
Ram Singh S/o Shankar Singh Rajput – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners Ram Singh S/o Shankar Singh Rajput, Deva Ram S/o Pukha Ram Choudhary and Rahul S/o Ashok Kumar Solanki, who are in custody in relation to F.I.R. No.187/2022, Police Station Begun District Chittorgarh for the offence under Sections 332, 307 and 34 of the IPC and Section 3/25 of the Arms Act.
2. Learned counsel for the petitioners submits during the course of arguments, he not pressed the bail application filed on behalf of petitioner accused-Deva Ram.
3. Learned counsel for petitioners Ram Singh and Rahul submits that as per the allegations made in the charge sheet, no injury was caused to any of police official but even if charge sheet under Section 307 IPC has been filed. He further submits that petitioners Ram Singh and Rahul are not required for further investigation. He submits that learned trial Court has referred certain pending cases against these petitioners and after trial, the petitioners were not found guilty in any of them, hence, mere allegations are not sufficient to draw a conclusion that these petitioners are having criminal antecedents. He further submits that
The main legal point established in the judgment is that the decision to grant bail was influenced by the lack of injury to police officials as per the charge sheet, the petitioners' clean record in ....
The decision to grant bail was based on the absence of direct allegations against the petitioners and the lack of evidence to prove certain offences against them.
The court established that bail can be granted based on the absence of injuries, the filing of a charge-sheet, and the duration of custody, reinforcing the principle that pre-trial detention should n....
The court established that bail can be granted under Section 439 Cr.P.C. when the charge-sheet is filed, co-accused have been granted bail, and the trial is likely to be prolonged.
The court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolon....
The court has the discretion to grant bail to accused petitioners under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The court has the discretion to grant bail to the accused based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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