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VIJAY BISHNOI
Kajali Devi – 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.69/2021 of Police Station Raisinghnagar, Distt. Sri Ganganagar for the offence(s) punishable under Section(s) 376(D) IPC and Section 66(e) of the IT Act.
3. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
4. Learned counsel for the petitioner has submitted that allegations levelled against the petitioner are absolutely false. It is further submitted that the matter has already been compromised between the parties. It is also submitted that charge-sheet has been filed and trial of the case is likely to take time.
5. Learned Public Prosecutor has opposed the bail application, however, learned counsel for the complainant has verified the factum of compromise.
6. Having regard to the totality of the facts and circumstances of the case, 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.
7. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed
Bail can be granted under Section 439 Cr.P.C. when the totality of circumstances, including the nature of allegations and the existence of a compromise, warrant such a decision.
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 bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate and when co-accused have been granted bail, reflecting the court's discretion in....
Grant of bail based on the triability of the alleged offences by a Magistrate
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
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 circumstances of the case.
Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offences by Magistrate.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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.
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