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DEVENDRA KACHHAWAHA
Rahul – 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.143/2021, Police Station Dobra, District Dungarpur, registered for the offence punishable under Sections 341 and 395 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 petitioner has falsely been implicated in this case; charge-sheet has been filed; co-accused Pankaj and Anr. have already been granted benefit of bail; 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.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; benefit of bail has already been granted to co-accused persons namely, Pankaj @ Someshwar @ Soma S/o Sukhlal and Pankaj S/o Ramesh by this Court vide order dated 14.09.2021
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 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 established that prolonged judicial custody without trial, along with the filing of a charge-sheet, can justify the granting of bail under Section 439 of the 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 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 established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that the accused is not a flight risk and the trial is expected to be prolonged.
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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