ASHOK KUMAR JAIN
Laxman Singh S/o Bhanwarsingh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. These two bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners Laxman Singh S/o Bhanwarsingh, Ashok Kumar S/o Chhelu Ram, Balveer Singh S/o Sh. Prem Singh and Abhindra Singh @ Arvind Singh @ Abindra Singh S/o Sh. Gopal Singh, who are in custody in relation to F.I.R. No.162/2022, Police Station Sribalaji District Nagaur for the offence under Sections 341, 307, 427, 384 and 504 of the IPC.
2. Learned counsel for the petitioners submits that there is no direct allegation against any of the accused-petitioner and the allegation of robbery has been negated during investigation. They further submit that the incident which was reported to the police clearly indicates that the incident took place on the spur of moment when two cars were collided with each other resulting which, the incident took place. They further submit that the petitioners were not involved in alleged crime and they have falsely been implicated. They further submit that the petitioners are in custody and charge sheet has already been filed thus, keeping them in prolonged incarceration would not serve any purpose. Thus, they prayed that petitioners may be enlarged on bail.
3. A
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 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 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 may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
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....
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
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.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
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