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PUSHPENDRA SINGH BHATI
Rodulal – 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 FIR No.190/2020 of Police Station Ramganjmandi, Kota Rural for the offences punishable under Sections 306, 376 & 120-B IPC. They have preferred these bail applications under Section 439 Cr.P.C.
4. Learned counsel for the petitioners submits that the present petitioners are parents of the boy, namely, Babu. Learned counsel further submits that there is allegation upon Babu for blackmailing, rape, and also pertaining to Section 306 IPC. Learned counsel also submits that the girl has committed suicide on 22.06.2020. Learned counsel further submits that the charge-sheet in this case has already been filed and the petitioners, who are the parents of Babu, were are only trying to counsel the children to move apart, but unfortunately, the incident had happened.
5. Learned Public Prosecutor opposed the bail applications.
6. After carefully seeing the record, this Court finds that there was intense relationsh
Bail can be granted under Section 439 Cr.P.C. when the custody of the accused is not warranted, particularly when the allegations against them are indirect and the proceedings are expected to take ti....
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 established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the duration of custody and the nature of the allegations, warrant such a decisi....
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 the presumption of innocence and the right to personal liberty are paramount, particularly in cases where the allegations involve a consensual relationship with a promise o....
Bail can be granted under Section 439 Cr.P.C. when there is insufficient evidence to support the charges against the accused, and the likelihood of prolonged proceedings is considered.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that continued custody is not necessary, particularly in cases with no prior criminal history ....
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