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DEVENDRA KACHHAWAHA
Neku – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with common F.I.R. No. 194/2021, Police Station Laxmangarh, District Alwar, registered for the offences under Sections 143, 323, 341, 452, 307 & 428 of the Indian Penal Code and Section 3/25 of the Arms Act, 1959 (Amended 2019).
Heard learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners stated that as per prosecution, only 'lathi' has been recovered from the present accused-petitioners; that allegation of fire arm has not been against the petitioners; that there is no grievous injury on vital part of any of the injured persons; and that trial will take time, therefore, benefit of bail may be granted to the accused- petitioners.
Per contra, learned Public Prosecutor and the learned cousnel appearing on behalf of the complainant have vehemently and fervently opposed the bail application of the accused-petitioners. Learned counsel for the complainant stated that out of the three injures, one of the injury caused to the injured Mustaq is foun
The court established that the severity of injuries and the duration of the trial are critical factors in determining the grant of bail under Section 439 Cr.P.C.
The central legal point established in the judgment is that the absence of injuries to vital body parts, non-life-threatening injuries, and the expected lengthy trial period can be considered in gran....
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 decision to grant bail was influenced by the non-grievous nature of the injuries, absence of other pending cases against the accused-petitioners, and the expected lengthy duration of further inve....
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.
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
The court's decision was based on the interpretation of Section 439 Cr.P.C., considering the absence of injury, the filing of charge-sheet, and the expected lengthy trial.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.
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