Back
PUSHPENDRA SINGH BHATI
Krishan Kumar – 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.
1. This Court perused the material available on record.
2. The petitioner has been arrested in connection with FIR No.199/2021 of Police Station Udaipurwati, District Jhunjhunu for the offences punishable under Sections 366-A, 363 IPC. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has shown the certified copies of the statements rendered by the prosecutrix aged 19 years in the capacity of PW-1 and her father in the capacity of PW-2 before the learned trial court, in which both have refuted the story of the prosecution and have denied any allegation against the present petitioner. The said certified copies are taken on record.
4. Learned counsel for the petitioner also submits that the petitioner is in custody since 14.06.2021.
5. Learned Public Prosecutor opposed the bail application.
6. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time an
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 established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the absence of allegations and prolonged custody, justify such a decision.
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 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 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 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 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 bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, particularly in cases where trial proceedings may be prolonged.
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 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.
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
