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MANOJ KUMAR GARG
Manishankar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.084/2022, Police Station Anandpuri, District Banswara registered for the offences punishable under Sections 148, 452, 325 and 307/149 of the IPC.
2. The first bail application was dismissed as not pressed by this Court vide order dated 04.07.2022 with liberty to file afresh after recording the statement of the injured, Thavar Chand.
3. Learned counsel for the petitioner submits that injured Thavar Chand has been examined as PW.1 before the trial Court and in his statement, a specific allegation has been made that the present petitioner along with co-accused Bansi and other persons gave beating and caused injuries on his head. According to perusal of the injury report, only injury on his head has been found as grievous in nature and dangerous to life. No specific averment has been made against the present petitioner. The petitioner is in judicial custody since 24.03.2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may
The court has the discretion to grant bail to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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 has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered specific allegations and the extent of injury in deciding on the grant of bail.
The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
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