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DEVENDRA KACHHAWAHA
Mukesh – 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.7/2021, Police Station Sadar Chittorgarh, District Chittorgarh, registered for the offence punishable under Sections 457, 380 and 411 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 offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.06.2021; 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 ten other cases were registered against the accused-petitioner and out of the registered cases, most of the cases are of similar nature.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-sheet ha
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 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 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.
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.
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 bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, a charge-sheet has been filed, and the trial is expected to take a significant ....
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