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ANIL KUMAR UPMAN
Amit Sogani – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No. 419/2019 registered at Police Station Shipra Path, District Jaipur City (South) for offences under Sections 420, 406, 467, 468 471 & 120B of IPC.
2. It is contended by counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. He further submits that with regard to property in question, three different FIRs have been lodged in the same police station. In FIR No. 246/2020, petitioner has already been granted bail by the Co-ordinate Bench of this Court. He further submits that quasi-judicial proceedings were also initiated before the Deputy Registrar, Co-operative Societies under Section 58 of the Rajasthan Co-operative Societies Act, in which Sub-Registrar, Co-operative Societies categorically stated in its judgment that Shankar Singh and Nitin Mishra are the owners of the disputed property. It is further submitted that all the three persons who lodged three different FIRs were party in these proceedings. Learned counsel contends t
The court granted bail under Section 439 Cr.P.C. citing no fruitful purpose for further custody due to the civil nature of the dispute and previous bail granted in related matters.
The central legal point established in the judgment is the court's discretion to grant bail based on the nature of the alleged offences, the length of the petitioner's incarceration, and the applicab....
Bail may be granted when charge-sheet is filed, the accused is in custody, and the offence is triable by Magistrate.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
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.
Grant of bail based on the nature of offences, previous grant of bail in similar cases, and the expected duration of the trial.
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