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KULDEEP MATHUR
Bhiyaram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with FIR No.02/2023, registered at Police Station Panchu, District Bikaner for offences punishable under Sections 458, 308, 325, 323, 435, 506 and 143 IPC.
2. Heard learned counsel for the petitioners so also the learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.
3. Learned counsel for the petitioners submitted that though an FIR under various sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was lodged against the petitioners but the Investigating Agency did not find prima facie any offence under the said Act proved against them and, consequently, a case was registered under various sections of IPC. Learned counsel further submitted that the petitioners have not been named in FIR lodged by the complainant. Learned counsel further submitted that even from the perusal of the FIR, it is apparent that a blow from iron rod has been attributed to Umedaram and even the allegations of putting fire and burning down the fencing outside the house of the c
The court considered the absence of evidence for specific offences and the length of the trial in granting bail to the accused petitioners.
The court may grant bail considering the length of the trial and the nature of the injuries alleged against the accused.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits 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 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'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 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....
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