Back
INDERJEET SINGH
Manoj Bhargav – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.680/2019 Registered at Police Station Beawar City, District Ajmer for the offence(s) under Section 409 of I.P.C. 1860.
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the case is triable by First Class Magistrate and challan has already been presented in the court and conclusion of trial may take long time. Counsel further submits that the learned trial Court has framed the charge against the accused-petitioner on 06.03.2021 under Section 409 I.P.C. Counsel further submits that the petitioner is in custody for more than one year i.e. 28.02.2020 and even the charge has been framed by the learned trial Court after seven months of filing of the charge-sheet. Counsel further submits that allegation against the petitioner is that he has cheated the complainant to the tune of Rs.l crore 55 lacs.
3. In support of his contentions, counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Sanjay Chandra Vs. Central Bureau of Investigation repo
Bail can be granted under Section 439 Cr.P.C. when the trial has commenced, the investigation is complete, and there are no risks associated with the accused's release, even in cases involving seriou....
The court ruled bail should be granted when trial delays infringe on the right to personal liberty, provided conditions to prevent tampering with evidence are set.
The main legal point established in the judgment is that the object of bail is to secure the accused's appearance at trial, and the delay in concluding the trial should be considered in bail applicat....
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The court established that bail can be granted under Section 439 of the Cr.P.C. when the nature of the offences and the circumstances of the case justify such a decision.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
Grant of bail based on the nature of offences, previous grant of bail in similar cases, and the expected duration of the trial.
The court may grant bail based on the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate, without expressing any opinion on the merits of....
Prolonged custody without trial can unjustly punish an accused, warranting bail under the presumption of innocence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
