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PUSHPENDRA SINGH BHATI
Mangi Bai – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dr.Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. Heard learned counsel for the parties and perused the material available on record.
3. The petitioner has been arrested in connection with FIR No.58/2021 of Police Station Dungla, District Chittorgarh for the offence punishable under Sections 147, 302 of IPC. She has preferred this second bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner has drawn attention of this Court to the statement rendered under Section 161 Cr.P.C. by Shyam Lal who is son of deceased. He further submits that the main accused in the case are Ramlal, Jeevanlal, Madanlal and Ashok. He has also taken this Court to the statement of Guddi, wife of the deceased rendered under Section 161 Cr.P.C. He makes a limited prayer that the petitioner, who is a lady, and is in custody since 21.5.2021 and charge-sheet has been filed, deserves to be released on bail.
5. Learned P.P. opposes the bail application.
6. This Court while considering that the petitioner is a lady and has already undergone custody si
The court established that the considerations of gender, duration of custody, and the likelihood of trial delays are significant factors in bail decisions under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
The court may grant bail to an accused petitioner based on the totality of the facts and circumstances, the grant of bail to similarly situated persons, and the filing of the charge-sheet, without ex....
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the absence of allegations and prolonged custody, justify such a decision.
The court established that in bail applications, the duration of custody and the nature of the charges are critical factors, and mere allegations without substantial evidence do not justify continued....
The court established that prolonged custody without trial and the filing of a charge-sheet can warrant the granting of bail under Section 439 Cr.P.C.
The court has the discretion to grant bail based on the totality of the facts and circumstances, without expressing an opinion on the merits of the case.
The court established that the duration of custody and the filing of a charge-sheet are critical factors in deciding bail applications under Section 439 Cr.P.C.
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