Back
ANOOP KUMAR DHAND
Narpat Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - This bail application under Section 439 Cr.P.C. is filed by petitioner in connection with FIR no.180/2020, registered at Police Station Shergarh, District Jodhpuor, wherein he was charged for offences punishable under Section 379 of the IPC.
2. Learned counsel for the petitioner submits that the offence alleged against the petitioner is triable by Magistrate and the petitioner is in custody since about one month and the trial court may take its own time.
3. Per contra, learned Public Prosecutor has opposed the bail application.
4. Looking to the totality of the facts and circumstances of the case and the fact that the offence alleged against the petitioner is triable by Magistrate, without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Narpat Ram S/o Gumana Ram arrested in connection with F.I.R. No.180/2020, Police Station Shergarh, District Jodhpur, may be released on bail; provided he furnishes personal bond of Rs.50,000/- with two s
The court established that bail can be granted under Section 439 Cr.P.C. when the accused has been in custody for a significant period and the offence is triable by a Magistrate, reflecting the court....
The court established that bail can be granted under Section 439 Cr.P.C. when the majority of charges are bailable and the case is at a stage where a charge-sheet has been submitted.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, particularly considering the time elapsed and the completion of the investigation.
The court may grant bail to an accused petitioner based on the age of previous cases and the absence of similar offences.
The court has the discretion to grant bail based on the nature of the offences, the duration of custody, and the overall facts and circumstances of the case.
The main legal point established is that bail can be granted under Section 439 of the Cr.P.C. based on the trial duration and the nature of the offence.
The court has the discretion to grant bail under Section 439 Cr.P.C. 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 under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
