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KULDEEP MATHUR
Pradhuman Singh Rawat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.393/2022 registered at Police Station Mandore, District Jodhpur, for offence under Sections 419, 420, 465, 471, 120-B of IPC and 3, 7, 10 of Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992.
2. Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submits that the petitioner is a student of MBBS and has been falsely implicated in this case. He is in custody since long, therefore, his studies are suffering adversely. Keeping in view of the aforesaid submissions, the benefit of bail may be granted to the accused petitioner.
4. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
5. Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Pradhuman Singh Rawat S/o Shri Narpat Singh, a
The court considered the adverse impact on the accused petitioner's studies due to prolonged custody as a ground for granting bail.
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 voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
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 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 established that bail can be granted under Section 439 Cr.P.C. when the accused's prolonged detention is unjustified, emphasizing the right to a fair trial.
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