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SANDEEP MEHTA
Allu @ Arvind Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.56/2011, Police Station Bijoliya, District Bhilwara, for the offences under Sections 147, 148, 341, 323, 332, 353, 307, 302 and 120B of the IPC and Section 3/25 of the Arms Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. The petitioner and the other co-accused persons are facing trial in the Court of Additional Sessions Judge No.3 Bhilwara Camp Mandargarh for the above offences. The petitioner is in custody from 05.09.2011. Out of the 127 witnesses cited by the prosecution in the calender of witnesses, till date, only 86 witnesses have been examined. The Coordinate Bench of this Court has after considering the merits of the case and the significant delay in conclusion of the trial extended benefit of bail to the co-accused Shivraj Singh by passing a detailed order dated 16.08.2021 in SBCRLMB No.14461/2020. It is relevant to mention here that the star prosecution witness Bheru Lal (P.W. 7) wrongly identified the accused petitioner in his evidence. The Coordi
The court established that prolonged trial delays and unreliable witness identification can justify the granting of bail under Section 439 Cr.P.C.
Prolonged detention without sufficient evidence can lead to the grant of bail, emphasizing the presumption of innocence.
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
The court established that bail can be granted based on the absence of injuries, the filing of a charge-sheet, and the duration of custody, reinforcing the principle that pre-trial detention should n....
The delay in the conclusion of the proceedings and the bail granted to similarly situated co-accused persons are significant factors in considering a bail application.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
The right to a speedy trial is fundamental, and indefinite detention without trial is impermissible, emphasizing the presumption of innocence.
The court established that the grant of bail can be influenced by the duration of custody, the nature of the offences, and the treatment of co-accused in similar circumstances.
The court may grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case.
The court established that bail can be granted when the accused has been in custody for a significant period, the trial is expected to be lengthy, and the offences are triable by a Magistrate.
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