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SAMEER JAIN
Ramkaran Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail application context. (Para 1) |
| 2. arguments made by the applicants. (Para 2) |
| 3. court's reasoning for bail decision. (Para 3 , 5 , 6) |
| 4. arguments against the bail application. (Para 4) |
| 5. court's order granting bail. (Para 7) |
ORDER :
(Sameer Jain, J.)
The present bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No. 177/2021 registered at Police Station Nawalgarh, District Jhunjhunu for the offence(s) under Section 147 , 148, 149, 342, 323, 325, 326, 308 & 504 of IPC.
2. Learned counsel for the accused-applicants submits that the incident in question occurred on 28/29.03.2021, which was an inter-se fight between the accused-applicants and the complainant party, who are relatives and neighbours, on account of long standing land dispute. Learned counsel contends that complainant party were the aggressors, who initiated the fight in question and on account of which cross FIRs were filed. The FIR No. 177/2021 dated 29.03.2021 was filed by the complainant and FIR No. 179/2021 dated 29.03.2021 was filed by the accused-applicants. Initially, the offence alleged against the accused-applicants were all bailable and accordingly the accused-a
The court granted anticipatory bail under Section 438 Cr.P.C. based on the nature of injuries and the applicant's cooperation in the investigation, emphasizing that merits of the case are not to be c....
The main legal point established is that the nature of the injury and the requirement for custodial interrogation are key factors in granting anticipatory bail.
Repeated anticipatory bail applications without a change in circumstances can be considered an abuse of the court process.
The right to bail is fundamental, with courts required to ensure freedom from arrest unless exceptional circumstances justify denial, especially given the initial bailable nature of the alleged offen....
The court considered the similarity of allegations against the accused-appellant and the co-accused who had been granted bail, the filing of charge-sheets in both cases, and the fact that the trial w....
The court established that anticipatory bail must be granted based on a careful consideration of the nature of the accusations, the roles of the accused, and the need for a fair investigation, balanc....
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
Second or subsequent bail applications can be filed when there are change in circumstances, so that petitioner could establish entitlement of bail/anticipatory bail in view of change in circumstances....
The court established that similar allegations against co-accused warrant the granting of bail, especially in lengthy trial scenarios.
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