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PUSHPENDRA SINGH BHATI
Sunil @ Billu – 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.78/2021 of Police Station Mandan, District Bhiwadi, District Alwar for the offences punishable under Sections 498-A, 302, 307, 34 IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the marriage in question took place ten years ago and there were two children born out of the wedlock. Learned counsel further submits that the suicide has been committed by the wife of the petitioner due to small domestic quarrels. Learned counsel also submits the charge-sheet in this case has already been filed and the petitioner is in custody since 30.03.2021.
5. Learned Public Prosecutor opposed the bail application.
6. Considering the custody period of the petitioner as also the fact that the charge-sheet in this case has already been filed and other facts on record, this Court is of the opinion that at this stage, the custody o
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 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....
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 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 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 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 absence of allegations and prolonged 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 the considerations of gender, duration of custody, and the likelihood of trial delays are significant factors in bail decisions under Section 439 Cr.P.C.
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.
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