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DEVENDRA KACHHAWAHA
Sachin – 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.399/2021, Police Station Mahamandir, District Jodhpur, registered for the offence punishable under Section 379 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 offence is triable by Magistrate; no recovery or investigation is pending against the petitioner; further investigation 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 earlier two cases of similar nature had been registered against the accused-petitioner.
5. In reply, learned counsel for the petitioner stated that out of two cases, in one case benefit of bail has been granted to the petitioner by learned trial Court.
6. Having regard to the facts and circumstances of the case, particularl
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the 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.
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 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 and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
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