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PUSHPENDRA SINGH BHATI
Ashok 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.
2. This Court perused the material available on record.
3. The petitioners have been arrested in connection with FIR No.15/2021 of Police Station SOG, District Jaipur for the offences punishable under Sections 489-B, 489-C IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsels for the petitioners as well as learned counsel for the complainant submit that the petitioners are in custody since 10.07.2021 and the charge-sheet against all the present petitioners has been chalked out.
5. Learned counsels for the petitioners further submit that the allegation against the present petitioners is of recovery of the currency, but not printing thereof.
6. Learned Public Prosecutor though oppose the bail applications, but submits that the charge-sheet in this case has already been chalked out.
7. Looking into the custody period of the petitioners and the fact that the charge-sheet in this case has already been chalked out, this Court is of the opinion that at this stage, 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 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 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 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 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 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 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'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.
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