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VIJAY BISHNOI
Chailu Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.107/2021 of Police Station Sri Balaji, Distt. Nagaur for the offence(s) punishable under Section(s) 143, 341, 323, 365, 307, 308/34 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
3. Learned counsel for the petitioners has submitted that allegation of attemting to commit murder of the complainant, levelled against the petitioners, is absolutely false. It is argued that as a matter of fact, a minor dispute arose between the parties, in which, the complainant had received simple injuries.
4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.
5 .Having regard to the totality of the facts and circumstances of the case, after going through the case diary and keeping in view the fact that the injuries, for which, X-ray was conducted are simple in nature, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
6. Accordingly, this/these bail a
Bail can be granted under Section 439 Cr.P.C. when the nature of the injuries and circumstances of the case suggest that the allegations may not support the severity of the charges.
Grant of bail based on the triability of the alleged offences by a Magistrate
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, taking into account the overall circumstances of the case.
The court established that in bail applications, the intent and circumstances surrounding the alleged crime are critical factors in determining whether to grant bail.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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