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DEVENDRA KACHHAWAHA
Nemaram – 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.353/2021, Police Station ACB, CPS Jaipur, District ACB Jodhpur Rural, registered for the offence punishable under Section 7 of Prevention of Corruption Act (Amended) 2018.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner while submitting a copy of FIR bearing number 305/2021 Police Station, Banar, District Jodhpur East stated that FIR has been filed by the complainant; petitioner is behind the bars since 16.09.2021; no investigation or recovery is pending 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 fervently and vehemently opposed the bail application of the accused-petitioner and stated that bribe of Rs.10,000/- has been recovered from the trouser of the accused-petitioner.
5. Having regard to the facts and circumstances o
The court established that prolonged detention without ongoing investigation and the potential delay in trial can be grounds for granting bail under Section 439 Cr.P.C.
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 under Section 439 Cr.P.C., bail may be granted when the investigation is complete and the trial is expected to be lengthy, balancing the rights of the accused with the judi....
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 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 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....
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