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KULDEEP MATHUR
Santosh @ Santudi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.314/2022 registered at Police Station Padukalan, District Nagaur for the offences punishable under Sections 143, 323, 342, 307 and 302 of the IPC.
2. Heard learned counsel for the petitioners, learned Public Prosecutor as also the learned counsel representing the complainant and perused the material available on record.
3. Learned counsel for the petitioners drew the attention of the Court towards the charge-sheet and statement of the injured/eye witness Surja Ram and submitted that specific allegations have been levelled against Rajuram and his wife of inflicting serious injuries upon Banshilal who succumbed to death. Learned counsel further submitted that against the accused Rajuram and Smt. Anita, charge-sheet has been filed for the offences punishable under Sections 323, 325, 341, 342, 307 and 302/34 IPC. Learned counsel further submitted that as far as the present petitioners are concerned, they have been alleged of causing injuries to injured/eye witness which are simple in nature. Learned counsel further submi
The court may grant bail considering the length of the trial and the nature of the injuries alleged against the accused.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The court's decision to grant bail was influenced by the consideration of the nature of injuries, the potential delay in the trial, and the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
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 considered the absence of evidence for specific offences and the length of the trial in granting bail to the accused petitioners.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
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