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DEVENDRA KACHHAWAHA
Sagar @ Sansar @ Joli – 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 petitioners who are in custody in connection with F.I.R. No.294/2021, Police Station Jawahar Nagar, District Sriganganagar, registered for the offences punishable under Sections 307, 384, 387, 336 & 120-B of the IPC, Section 67 of the IT Act and Sections 5, 27, 3 and 25 of the Arms Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that charge-sheet has been filed; petitioners are behind the bars for last four months; no injury has been caused to anyone; benefit of bail has already been granted to other co-accused persons; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.
4. Per contra, learned Public Prosecutor has opposed the bail application and stated that twelve other cases have been registered against the accused-petitioner, Sagar @ Sansar @ Joli and five other cases have been registered against the accused-petitioner, Rahul Soni @ Sukha @ Nep
The court established that bail can be granted based on the absence of injuries, the filing of a charge-sheet, and the duration of custody, reinforcing the principle that pre-trial detention should n....
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 established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court established that bail can be granted under Section 439 Cr.P.C. when the charge-sheet is filed, co-accused have been granted bail, and the trial is likely to be prolonged.
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 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 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 established that the grant of bail can be influenced by the duration of custody, the nature of the offences, and the treatment of co-accused in similar circumstances.
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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