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DEVENDRA KACHHAWAHA
Banshi Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.76/2020, Police Station Karwad, District Jodhpur, registered for the offence under Section 8/15 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor present in person. Perused the material available on record.
3. In compliance of earlier order dated 06.08.2021 passed by this Court, learned Public Prosecutor has submitted factual report and verified the fact that petitioner's wife is suffering from serious decease but also stated that as per factual report, nine other family members are available in petitioner's family to take care of petitioner's wife.
4. In reply, learned counsel for the petitioner stated that since accused-petitioner is husband and his wife is suffering from serious gynaecological problem, therefore other family members cannot properly take care and assist petitioner's wife in her required treatment. Therefore, he prayed that interim bail for a period of one month may be granted to the accused-petitioner.
5. Having regard to the facts and circumstances of the case a
The court established that interim bail can be granted under Section 439 Cr.P.C. based on compassionate grounds, particularly in cases involving family health emergencies.
The court has the discretion to grant interim bail under Section 439 of Cr.P.C. based on the circumstances presented, such as family medical emergencies.
The court's decision on interim bail applications is influenced by the specific grounds presented in the bail applications and the nature of accusations in the FIR.
Interim bail under Section 439 Cr.P.C. can be granted based on personal circumstances, but must consider the gravity of the offense.
The court established that humanitarian considerations can influence the granting of interim bail under Section 439 CrPC, particularly in cases involving the welfare of dependents.
The court may grant interim bail on humanitarian grounds to address the destitution of the accused's dependents.
The court has the discretion to grant interim bail based on humanitarian grounds, such as the illness of a family member requiring the presence and support of the accused.
The court established that interim bail can be extended under compassionate grounds, particularly in cases involving serious health issues of family members, while maintaining the necessity for compl....
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