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DEVENDRA KACHHAWAHA
Raju Ram Manjhu – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - 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.256/2021, Police Station Lohawat, District Jodhpur, registered for the offence punishable under Sections 143, 332, 353 and 307 of the Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that no injury has been caused to any person; a false allegation of using fire arm has been made against the petitioner; petitioner is behind the bars since 23.09.2021; no other case is registered against the petitioner; 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.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that there is an allegation of using fire arm against the accused-petitioner.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused to any person
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.
Grant of bail based on absence of injury, filing of charge-sheet, previous grant of bail to co-accused, and the expectation of a lengthy trial.
The court established that prolonged judicial custody and lack of evidence from key witnesses can warrant the granting of bail under Section 439 Cr.P.C.
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.
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 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 considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
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