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DEVENDRA KACHHAWAHA
Kumbha Ram – 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.158/2021, Police Station Baap, District Jodhpur, registered for the offences punishable under Sections 143, 341, 323, 307 and 394 of the Indian Penal Code.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
2. Learned counsel for the petitioner stated that none of the injuries has been caused by the petitioner which has been found grievous in nature on any vital part of the body and dangerous to life; petitioner is behind the bars since 14.08.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have opposed the bail application and stated that injury No.1 of Bhanwar Ram has been declared as grievous and dangerous to life which is sharp in nature. He further stated that lat
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
The decision to grant bail was influenced by the non-grievous nature of the injuries, absence of other pending cases against the accused-petitioners, and the expected lengthy duration of further inve....
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
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 should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
Grant of bail based on absence of injury, filing of charge-sheet, previous grant of bail to co-accused, and the expectation of a lengthy trial.
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