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PUSHPENDRA SINGH BHATI
Rambharos – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. This Court perused the material available on record.
3. The petitioners have been arrested in connection with FIR No.206/2021 of Police Station Chhipabarod, District Baran for the offences punishable under Sections 341, 323, 307, 34 IPC. They have preferred these bail applications under Section 439 Cr.P.C.
4. Learned counsels for the petitioners submit that the charge-sheet in this case has already been filed and petitioner-Rambharos & Latorlal are in custody since 14.07.2021, and petitioner-Manbhar Bai is in custody since before 22.09.2021. Learned counsels further submit that there was certain land dispute between the parties and there is a cross case as well. Learned counsels also submit that there are no previous criminal antecedents of the present petitioners.
5. Learned Public Prosecutor vehemently opposed the bail application.
6. Looking into the fact that the present dispute arose on account of sudden altercation happened in relation to certain land dispute between the parties, as als
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that continued custody is not necessary, particularly in cases with no prior criminal history ....
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
The court established that prolonged custody without prior criminal history and the existence of a cross case can justify the granting of bail under Section 439 Cr.P.C.
The court established that in bail applications, the duration of custody and the nature of the charges are critical factors, and mere allegations without substantial evidence do not justify continued....
The court established that under Section 439 Cr.P.C., bail may be granted when the duration of custody is excessive and the trial is expected to take a significant amount of time.
The court established that the duration of custody and the filing of a charge-sheet are critical factors in deciding bail applications under Section 439 Cr.P.C.
The court established that prolonged custody without trial and the filing of a charge-sheet can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
The court has the discretion to grant bail based on the totality of the facts and circumstances, without expressing an opinion on the merits of the case.
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