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VIJAY BISHNOI
Ramratan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
2. The petitioners have been arrested in FIR No.248/2022 of Police Station Phuliyakallan, District Bhilwara for the offences punishable under Sections 143, 452, 323 and 342 IPC. They have preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioners has submitted that offences alleged to have been committed by the petitioners are triable by Magistrate.
4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offences levelled against the petitioners are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners - (1) Ramratan S/o Bhura, (2) Ashok S/o Ramratan, (3) Kalu Ram S/o Bhoja Ram, (4) Dhanraj S/o Bhoja Ram, (5) Nourat S/o Ram Lal, (6) Tejm
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
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 offences are triable by a Magistrate, taking into account the overall circumstances of the case.
Grant of bail based on the triability of the alleged offences by a Magistrate
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, taking into account the circumstances of the case.
Grant of bail under Section 439 Cr.P.C. based on the nature of the offences and the time required for trial.
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.
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