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DEVENDRA KACHHAWAHA
Manish Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
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.573/2015, Police Station Kotwali Dausa, District Dausa, for the offences punishable under Section 379 of the Indian Penal Code (rejection order passed for the offence punishable under Sections 411, 379 and 420 of the Indian Penal Code).
Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person. Perused the material available on record.
Learned counsel for the petitioner stated that offence is triable by the Magistrate; charge-sheet has been filed and the trial will take long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that ten other cases are registered against the accused-petitioner.
In reply, learned counsel for the petitioner stated that in some cases, accused-petitioner has been acquitted.
Having regard to the totality of facts and circumstances, particularly to the fact that offence is triable by the Mag
Bail may be granted when the trial is expected to be lengthy and the offence is triable by a Magistrate, reflecting the court's discretion under Section 439 Cr.P.C.
The court established that the length of the trial and the nature of the offences can justify the granting of bail under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, a charge-sheet has been filed, and the trial is expected to take a significant ....
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
Granting bail based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.
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