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PUSHPENDRA SINGH BHATI
Bhola Ram – 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 petitioner has been arrested in connection with FIR No.119/2019 of Police Station Kathumar, District Alwar for the offence punishable under Section 306 IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the petitioner is in custody since 08.02.2021 and the charge-sheet in this case has already been filed. Learned counsel further submits that though there was a telephonic altercation, but the same does not mean that a person may commit suicide.
5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application.
6. Taking into consideration the custody period of the petitioner and the fact that the charge-sheet in this case has already been filed, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.
7. Thus, having regard to the totality of the facts and circumstan
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 circumstances of the case, including witness statements and the duration of custody, justify such a decision.
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 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 warrant the granting of bail 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 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.
The court's decision to grant bail was based on the totality of the facts and circumstances of the case, the filing of the charge-sheet, and the likelihood of the proceedings taking some time.
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 nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
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