Back
ANIL KUMAR UPMAN
Mahendri – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual basis for the bail application. (Para 1) |
| 2. arguments for and against bail application. (Para 2 , 3) |
| 3. court's reasoning on bail eligibility. (Para 4 , 5 , 6 , 7 , 8) |
| 4. bail granted with conditions. (Para 9) |
ORDER :
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner who has been arrested on 05.02.2023 in connection with FIR No. 715/2022 registered at Police Station Kumher, District Bharatur for offences under Sections 147 , 148, 149, 302 and 120B IPC and Section 3 /25 of the ARMS ACT . After completion of trial, the police has filed charge sheet for offences under Sections 147 , 148, 149, 302, 307 and 120B IPC and Section 3 /25 of the ARMS ACT .
2. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case. He submits that the petitioner is a lady and she is behind the bars since 05.02.2023. He further contends that she was not named in the statement of the injured Tenpal recorded under Section 164 Cr.P.C on 22.02.2023. The only allegation against the petitioner is that she pelted stones on the complainant side. Counsel further submits that notwithstanding
Bail should not always be denied in cases of death or life imprisonment, and the conduct of the accused and completion of investigation should be considered before granting bail.
The court may grant bail to an accused petitioner based on the totality of the facts and circumstances, the absence of specific allegations, and the likelihood of prolonged proceedings, without expre....
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 bail can be granted under Section 439 Cr.P.C. when the nature of allegations does not substantiate the charges, especially in cases involving personal disputes.
The court established that the considerations of gender, duration of custody, and the likelihood of trial delays are significant factors in bail decisions under Section 439 Cr.P.C.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
The court has the discretion to grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the....
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
