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DEVENDRA KACHHAWAHA
Kanahaiya Lal @ Ravi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.107/2020, Police Station Bhadsauda, District Chittorgarh, registered for the offences punishable under Sections 395, 394, 398 and 458/34 of the Indian Penal Code.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that petitioners have falsely been implicated in this case; charge-sheet has been filed; petitioners are behind the bars since 04.03.2021; benefit of bail has been granted to co-accused persons, Kanhaiya Lal @ Kanha and Akash @ Kamaldweep; as per rejection order itself, no other case has been registered against the petitioner, Krishnpal Singh @ Abhishek Singh; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the petitioners.
4. Per contra, learned Public Prosecutor has opposed the bail application and stated that eight other cases have been registered against Kanahaiya Lal @ Ravi.
5. H
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 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 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 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 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 bail can be granted based on the absence of injuries, the filing of a charge-sheet, and the duration of custody, reinforcing the principle that pre-trial detention should n....
Bail can be granted when the accused is in judicial custody, charges are filed, and co-accused have received similar relief.
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