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YOGENDRA KUMAR PUROHIT
Amarbharti – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Yogendra Kumar Purohit, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.186/2022 Police Station Samdari, District Barmer for the offences under Sections 341, 323/34, 307, 427 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
2. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. The present petitioner is the driver of the alleged vehicle. The accused-petitioner has neither committed any beating, injuries nor has given threatening to complainant and no recovery has been made from him. As per the FIR itself the beatings have been given by Surendra Singh and Mahipal Singh only. The petitioner has only damaged the car. The accused-petitioner is in incarceration since 11.12.2022. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
3. The learned Public Prosecutor has opposed the bail and submitted that the investigation is pending and there is allegation of causing in
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court can grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The Court considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Sect....
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
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