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DEVENDRA KACHHAWAHA
Dayaram – 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.79/2021, Police Station Udai Moad, Gangapurcity, District Sawai Madhopur, 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 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 three other cases are registered against the accused-petitioner.
Having regard to the totality of facts and circumstances, particularly to the fact that offences are triable by the Magistrate; charge-sheet has been filed and that trial will take sufficiently long time, therefore, without expressing any opinion on merits/demerits of the case, this Court is of the opini
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 considered the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
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 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 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 ....
Granting bail based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.
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.
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