HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Praveer Bhatnagar, J
MAHENDRA SINGH S/O SHIR RAGHUNATH SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.400/2024 registered at Police Station Gandhi Nagar (Ajmer), District Ajmer, for the offence(s) under Sections 420 and 406 of IPC.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the accused-petitioner borrowed Rs.10 lakhs from the complainant and issued a cheque and the said cheque was dishonoured. The accused-petitioner is in custody since long and trial of the case will take considerable time, therefore, the bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the accused-petitioner is a habitual offender and he knowingly issued the cheque in favour of the complainant, despite knowing the fact that the bank has already been merged with the other bank and the cheque would get dishonoured. It is also contended that the cheque was issued in favour of the complainant with dishonour intention, therefore, considering the above
The court emphasized that prolonged custody and the potential delay in trial are valid grounds for granting bail, irrespective of the accused's criminal record.
Bail may be granted when charge-sheet is filed, the accused is in custody, and the offence is triable by Magistrate.
Mandatory bail is required after sixty days of custody if the trial is not concluded, as per Section 480(6), promoting adherence to the right against indefinite detention under Article 21.
The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.
The court may grant bail based on the overall circumstances of the case without commenting on the merits.
The court granted bail based on the similarity of the petitioner's case to that of co-accused already released on bail, with no evidence of risk to witnesses or flight.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
The court may grant bail based on the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate, without expressing any opinion on the merits of....
Bail should be granted when the accused has been in custody for a significant period without substantial evidence against them.
An accused is entitled to bail when prolonged detention is unnecessary, with conditions for cooperation and non-interference established.
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