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PUSHPENDRA SINGH BHATI
Arjun Singh – 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.127/2020 of Police Station Harsora, District Alwar, P.S. District Bhiwadi for the offences punishable under Sections 143, 323, 341 IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the charge-sheet in this case has already been filed. Learned counsel further submits that there is a cross case lodged by the petitioner's family, wherein there was a grievous injury. Learned counsel also submits that there are no previous criminal antecedents against the present petitioner and the petitioner is in custody since 05.07.2021.
5. Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application and submit that there is a grievous injury, which is dangerous to life.
6. Looking into the prolonged custody period of the petitioner and the fact that there are no previous criminal anteced
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 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 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 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 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 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 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'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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