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DEVENDRA KACHHAWAHA
Gajendra Kumar @ Shrawan – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 193/2020, Police Station Khinvsar, District Nagaur, registered for the offences under Sections 148, 341, 323 & 302/149 of the Indian Penal Code.
2. Heard learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.
3. Learned counsel for the petitioners stated that the complainant side were the aggressors and they have committed crime against the petitioners' side; that the incident in question took place near Bharat Gas Agency; that as per the statement of Chimna Ram (one of the eye-witness), head injury of the deceased (Guman Ram) was attributed to Surja Ram; that as per the injury report, there were two injuries; that injury No.1 was skin deep lacerated wound and injury No.2 was abrasion; that as per the postmortem report, there were 14 injuries, 8 were abrasions and remaining were bruises; that no specific allegation was levelled against the accused-petitioners and only omnibus allegations were levelled against all the accus
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
The court granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
The main legal point established is that bail may be granted based on the specific allegations and witness statements, and the expected duration of the trial.
The court may grant bail considering the length of the trial and the nature of the injuries alleged against the accused.
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