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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Krishan Dev Dubey – Appellant
Versus
State Of Punjab – Respondent
CRM-M-6514-2023
Decided On : 13-02-2023
Regular Bail - Section 295-A IPC - The court granted regular bail to the petitioner, Krishan Dev Dubey, who was accused of making derogatory remarks about Lord Valmiki Ji, citing his age, first-time offender status, and prolonged custody as reasons for release.
Fact of the Case:
The petitioner was accused of making derogatory remarks about Lord Valmiki Ji, leading to the registration of an FIR under Section 295-A IPC. The petitioner sought regular bail, claiming false implication and violation of Section 41A of the Cr.P.C.
Finding of the Court:
The court found that the allegations against the petitioner would be established during the trial, but considering his age, first-time offender status, and prolonged custody, further incarceration was deemed unnecessary, leading to the grant of regular bail.
Issues: The issues revolved around the veracity of the allegations, the petitioner's entitlement to regular bail, and the seriousness of the allegations under Section 295-A IPC.
Ratio Decidendi: The court considered the petitioner's age, first-time offender status, and prolonged custody as factors justifying the grant of regular bail, without commenting on the merits of the case.
Final Decision: The court allowed the petition and ordered the release of the petitioner on bail, subject to the satisfaction of learned CJM/Duty Magistrate.
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 allegations did not entitle the petitioner to the grant of regular bail.
5. I have heard the learned counsel for the parties.
6. The veracity of the allegations levelled against the petitioner shall be established during the course of Trial. Admittedly, the petitioner is 65 years of age, he is a first-time offender and has been in custody since 23.01.2022. Therefore, his further incarceration of the petitioner is not required.
7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Krishan Dev Dubey son of Satyanaryan is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.
8. The petition stands disposed of.
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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