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DEVENDRA KACHHAWAHA
Abhishek – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J
Bail Application No.13360/2021:-
2. 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.277/2021, Police Station Hiranmagri, District Udaipur, registered for the offences punishable under Section 394/34 of the Indian Penal Code.
Bail Application No.12872/2021:-
3. 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.277/2021, Police Station Hiranmagri, District Udaipur, registered for the offences punishable under Sections 392, 394 & 34 of the Indian Penal Code.
Bail Application Nos. 13360/2021 & 12872/2021:-
4. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
5. Learned counsel for the petitioners stated that petitioners have been falsely been implicated in this case; petitioners are behind the bars since 31.08.2021; no investigation or recovery is pending against the petitioners; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of
The court established that prolonged judicial custody without pending investigations can lead to the granting of bail, reinforcing the presumption of innocence and the right to personal liberty.
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 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 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 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 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 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.
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