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DINESH MEHTA
Nirmal Bhartiya – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This IInd Bail Application has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No. 356/2021, Police Station Sujangarh, District Churu, for the offences under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.
2. Learned counsel for the applicant submitted that after filing supplementary charge-sheet, the other co-accused, including Sunil Chanwariya, who was the beneficiary of the purported forged documents has been enlarged on bail by a co-ordinate Bench of this Court and the applicant is behind bars for a period of more than six months for the offences alleged.
3. Learned counsel submitted that the offences alleged are triable by Magistrate and trial is likely to take sufficient time, hence, the applicant be enlarged on bail.
4. Learned Public Prosecutor and learned counsel appearing for the complainant submitted that there are 12 cases of like nature against the applicant and thus, the benefit of bail not be granted to him.
5. At this juncture, learned counsel for the applicant submitted that the petitioner has been acquitted in three cases and one FIR has been quashed by this Court and therefore, the stand of the learned Publi
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 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 bail can be granted based on the totality of circumstances, including the duration of custody and precedents in similar cases, without delving into the merits of the case.
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 bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, a charge-sheet has been filed, and the trial is expected to take a significant ....
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 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.
Granting bail based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.
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