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DEVENDRA KACHHAWAHA
Kailashi – 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 judicial custody in connection with F.I.R. No.190/2021, Police Station Roopwas, District Bharatpur, registered for the offence punishable under Section 3/25 of the Arms Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars from last two months; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application and stated that earlier 18 other cases were registered against the accused-petitioner.
In reply, learned counsel for the petitioner stated that out of the 18 cases, 9 cases were decided and most of the cases were almost 10-20 years old.
Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; and charge-sheet has been
The court established that bail can be granted when the accused has been in custody for a significant period, the trial is expected to be lengthy, and the offences are triable by a Magistrate.
The court may grant bail considering the trial timeline and the nature of the offences, even without expressing an opinion on the merits/demerits of the case.
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 under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
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 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 triability of the offences, the existence of a compromise between the parties, and the time required for further investigation and trial in granting bail to the accused-petit....
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial in granting bail to the accused-petitioner.
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