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JASJIT SINGH BEDI
Krishan Dev Dubey – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. - The prayer in the present petition under Section 439 Cr.P.C is for the grant of regular bail in case bearing FIR No.19 dated 23.01.2023 registered under Section 295-A IPC at Police Station Cantt. Jalandhar, District Police Commissionerate, Jalandhar.
2. The brief facts of the case are that one Rishabh Khalsa son of Talwinder stated that on 23.01.2023 one Krishan Dev Dubey (petitioner) was talking in a loud voice to his Security Guard telling him that Lord Valmiki Ji was a dacoit and a thief. He (complainant) was standing nearby and belonging to the Valmiki community, his sentiments were hurt.
Based on the allegation, the present FIR came to be registered.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. There was a violation of Section 41A of the Cr.P.C. In fact, reading the FIR, no offence under Section 295-A IPC was made out. Since the petitioner was the age of 65 years and was in custody since 23.01.2022. He was entitled to the grant of regular bail.
4. On the other hand, the learned State counsel does not dispute the factual position but contends that the serious nature of the all
The main legal point established is that the age, first-time offender status, and prolonged custody of the accused can be considered as grounds for granting regular bail, even without commenting on t....
The decision to grant regular bail was based on the petitioner's prolonged custody, lack of further investigation need, and the expected lengthy trial process, which rendered further detention unnece....
The completion of investigation, delay in trial, and the compromise reached between the parties can be considered as grounds for granting bail in certain cases.
The court may grant regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering factors such as the petitioner's age, criminal antecedents, and the circumstances of the allege....
The main legal point established is that in considering a petition for regular bail, the court takes into account the lack of specific role attributed to the petitioner, the completion of investigati....
The court considered the age of the petitioner and the circumstances of the case in granting bail.
The court considered the adverse impact on the accused petitioner's studies due to prolonged custody as a ground for granting bail.
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