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MADAN GOPAL VYAS
Abrar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The bail application has been filed under Section 439 Cr.P.C.
2. Brief facts of this case are that an FIR No.249/2021 registered at Police Station Chhipabarod, District Baran for the offences mentioned therein against the accused-petitioner. During the course of investigation, the accused-petitioner was arrested. Thereafter, he moved the bail application before the Trial Court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.
3. Learned counsel for the petitioner has contended that he has falsely been implicated in this case. The other co-accused persons namely Danmal and Mohammed Farukh have already been enlarged on bail by the coordinate bench. The accused-petitioner is behind the bars since 20.07.2021. Chargesheet has been filed. Hence, the accused-petitioner be released on bail.
4. On the other hand, learned Public Prosecutor has opposed the bail application.
5. Taking into consideration the submissions advanced by the learned counsel for the accused-petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, emphasizing personal liberty and the presumption of innocence.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The court's decision was influenced by the interpretation of Section 439 Cr.P.C., considering the custody period, lack of specific role attributed to the petitioners, and the assurance given by their....
The court may grant bail based on considerations such as the nature of the allegation, length of custody, filing of charge sheet, and the offense being triable by Magistrate.
The court may grant bail based on the weakening of the prosecution's case due to key witnesses turning hostile and the arguments presented by the petitioner's counsel.
The court's decision to grant bail was based on the consideration of the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate.
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