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DEVENDRA KACHHAWAHA
Jagdish – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - Mrs. Nemi Devi Vishnoi, wife of the petitioner, present-in-person.
1. The present 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.370/2021, Police Station Chopasani Housing Board, District Jodhpur, registered for the offence punishable under Sections 420, 406 & 120B of the Indian Penal Code and Section 3/4 of Rajasthan Public Examination act and Section 66D of the IT act.
2. Heard. Perused the material available on record.
3. The charge-sheet has been filed in this matter; offences are triable by Magistrate; benefit of bail has been granted to co-accused Chandra Bhakar.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that benefit of bail has been granted by this Court to co-accused Chandra Bhakar vide order dated 28.10.2021 (Bail application No.14856/2021); charge-sheet has been filed in this matter; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the
The court established that the grant of bail is appropriate when the trial is likely to be lengthy and when co-accused have been granted similar relief, emphasizing the importance of equal treatment ....
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
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.
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 considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
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