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DEVENDRA KACHHAWAHA
Sunil Kumar Soni – 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.25/2021, Police Station Gandhi Nagar, District Jaipur, for the offences punishable under Sections 420 and 406 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 offences are triable by the Magistrate; charge-sheet has been filed in April, 2021 but due to Covid-19 pandemic, charge-sheet cannot be obtained from the Trial Court; accused-petitioner has wrongly been implicated; accused-petitioner is behind the bars since 02.03.2021; there is dispute relating to business transactions; that in similar case, benefit of bail has been granted to the accused-petitioner by the co-ordinate Bench of this Court in which F.I.R was filed by the brother of complainant and the trial will take long time, therefore, benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application of the accused-petitioner.
Having regard
The court established that bail can be granted based on the totality of circumstances, including the duration of custody and precedents in similar cases, without delving into the merits of the case.
Granting bail based on the precedent of a similar case without expressing any opinion on the merits/demerits of the case.
The court considered the circumstances of the case, including the nature of the offense, the petitioner's time in custody, and the expected trial duration, in granting bail.
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 bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
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 reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
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's decision to grant bail was influenced by the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial d....
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