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MANOJ KUMAR GARG
Jagmal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.118/2021, Police Station Suhagpura, Distt. Pratapgarh for the offence under Sections 450, 376(1) of IPC.
2. The first bail application of the petitioner was dismissed as withdrawn vide order dt. 23.11.2021 with liberty to file fresh bail application after filing of the challan.
3. Learned counsel for the petitioner submits that the FIR was lodged after about three months of the incident. No explanation for this delay has been given by the prosecutrix. If anything happened, it was with the consent of the prosecutrix. Now, challan of the case has already been presented. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the arguments advanced before me and gone through the material available on record.
6. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. when circumstances such as compromise between parties and prolonged judicial custody are present, without delving into the mer....
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
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