Back
SANJEEV PRAKASH SHARMA
Ramesh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The bail application has been filed under Section 438 CrPC. in connection with FIR No.82/2002 registered at Police Station Bandikui District Dausa for the offences under Sections 363, 366 & 376 IPC whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, the bail application has been filed.
2. Learned counsel for the petitioner submits that petitioner is said to be arrested in a case registered in 2002 under Sections 366, 379 IPC which has been now converted into Sections 363, 366, 376 IPC.
3. Learned counsel appearing for the complainant submits that complainant does not press the complaint as she is happily married and has two children while the petitioner is also married.
4. Taking into consideration the nature of allegations wherein earlier the offence was only registered under Sections 366, 379 IPC and without commenting further on merits, this bail application filed under Section 438 CrPC is allowed and it is directed that in the event of arrest of petitioner-Ramesh S/o Shri Hazari in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating O
The court established that bail under Section 438 CrPC can be granted based on the evolving circumstances of the case and the nature of the allegations, emphasizing the importance of the complainant'....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case without commenting on the merits of the case.
The court established that bail under Section 438 CrPC can be granted when the accused demonstrates cooperation with the investigation and when the interests of justice are served by such a decision.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court established that a lack of evidence, particularly following a hostile witness testimony, can warrant the granting of bail under Section 439 Cr.P.C.
The court may grant bail to an accused petitioner based on the age of previous cases and the absence of similar offences.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
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
