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ANOOP KUMAR DHAND
Shailender Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - This bail application under Section 439 Cr.P.C. is filed by petitionerd in connection with FIR no.603/2021, registered at Police Station Sangaria, District Hanumangarh, wherein they were charged for offences punishable under Sections 452, 323, 324, 341, 504/34 IPC.
2. Learned counsel for the petitioner submits that except Section 452 of the IPC, rest of the offences are bailable and charge-sheet has been submitted. The alleged offence is triable by First Class Magistrate.
3. Per contra, learned Public Prosecutor as well as learned counsel appearing for the complainant have opposed the bail application.
4. Looking to the totality of the facts and circumstances of the case and the fact that the charge-sheet has been submitted for the offence triable by court of First Class Magistrate, without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence to the petitioners by enlarging him on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners (1) Shailender Kumar S/o Rakesh Kumar (2) Rakesh Kumar S/o Sohan Lal and (3) Subhash Chander S/o S
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 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 circumstances warrant it, particularly considering the time elapsed and the completion of the investigation.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court considered the completion of investigation, filing of charge-sheet, and the likelihood of trial consuming time before extending the indulgence of bail to the accused petitioner.
The court considered various factors such as the nature of allegations, length of custody, and absence of criminal antecedents in granting bail to the petitioner.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, even if the victim and her father turn hostile and do not support the case of prosecution.
The court may grant bail to an accused petitioner based on the age of previous cases and the absence of similar offences.
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