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PUSHPENDRA SINGH BHATI
Nand Kishor Mahawar – 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.024/2020 of Police Station Vidhayakpuri, Jaipur for the offences punishable under Sections 420, 406, 409, 467, 468, 471 & 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the facts of the case point out that loan was fraudulently taken by the present petitioner, whereas the charge-sheet in this case has already been filed and the petitioner is in custody since 02.04.2021.
5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently 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 and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
7.
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 of the case, including witness statements and the duration of custody, justify such a decision.
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 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 may grant bail to an accused petitioner based on the totality of the facts and circumstances, the grant of bail to similarly situated persons, and the filing of the charge-sheet, without ex....
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 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 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....
Granting bail based on the totality of facts, similar bail granted to co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
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.
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