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PUSHPENDRA SINGH BHATI
Fateh Singh @ Vinay – 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.549/2019 of Police Station Bhusawar, District Bharatpur for the offences punishable under Sections 363, 366 & 379 IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner has pointed out the statement of the prosecutrix, which she had rendered before the learned trial court in the capacity of PW-1. Learned counsel further submits that in the statement, particularly in the cross-examination, the prosecutrix, who is more than 17 years of age, has stated that she does not know Fateh Singh @ Vinay @ Vittu s/o Shri Jagveer and she stated that she has no allegations against him. Learned counsel also submits that similarly situated co-accused, namely, Kapil Jangid has already been granted bail by this Court vide order dated 27.09.2021 passed in CRLMB No.15457/2021. Learned counsel further submits that the petitioner is in custody sinc
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 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 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 nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
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 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 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 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 the duration of custody and the filing of a charge-sheet are critical factors in deciding bail applications under Section 439 Cr.P.C.
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