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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
MOOL SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present bail application under Section 439 of the Code of Criminal Procedure, 1973 ( Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ) has been filed by the applicant, who is in custody in connection with the FIR No.231/2023 registered at Police Station Shergarh, Jodhpur Rural for the offences punishable under Sections 147, 148, 341, 323, 307 of the Indian Penal Code and Sections 5 & 27 of the Arms Act.
2. The second bail application (S.B. Criminal Misc. Bail Application No.4970/2024) of the present applicant has been dismissed as withdrawn on 29.04.2024 with a liberty to file afresh after recording of the statement of injured - Trilok Singh. Now, the statement of the injured has been recorded.
3. Mr. L.D. Khatri, learned counsel for the applicant submitted that during the pendency of the bail application, injured- complainant himself has compromised the matter and such compromise has been produced and verified by the trial Court. A certified copy thereof has been placed for perusal of the Court; the same is taken on record.
4. Mr. Khatri, learned counsel for the applicant further submitted that since the parties have compromised and even the injured agreed t
The court granted bail despite serious charges due to a compromise between parties and the diminished likelihood of conviction, emphasizing the right to liberty.
The Court considered the triability of the offences, the existence of a compromise between the parties, and the time required for further investigation and trial in granting bail to the accused-petit....
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Bail can be granted under Section 439 Cr.P.C. when the nature of the injuries and circumstances of the case suggest that the allegations may not support the severity of the charges.
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
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