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RAVI MALIMATH, VISHAL MISHRA
Arti Kushwaha – Appellant
Versus
Rajesh Kumar Jadia – Respondent
ORDER
1. This is the first application filed under section 439 of the Code of Criminal Procedure seeking for bail on behalf of the applicant relating to R.C.T No.616 of 2022 in the Court of Chief Judicial Magistrate, Panna for the offence under sections 193 and 195 of the IPC.
2. The case of the applicant is that she lodged a complaint against the accused for offence punishable under section 376 (2) of the IPC. The same was registered at Police Station - Ajaygarh District Panna in Crime No.29 of 2022. The investigation was taken up. The charge-sheet was filed. During the course of trial, the complainant did not support the prosecution version. She was treated to be hostile. As a consequence whereof, while acquitting the accused, the trial Court directed initiation of proceedings under section 340 of the Cr.P.C. against the applicant herein on the application being filed by the Assistant Prosecution Officer. Thereafter by the order dated 25.5.2022, a warrant of arrest has been issued against the applicant. She was arrested on 20.1.2023. The application for bail before the Sessions Court was rejected on 24.1.2023 in B.A.No.25 of 2023. Therefore, the instant application is filed.
3. Lear
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.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court established that bail under Section 438 CrPC can be granted based on the evolving circumstances of the case and the nature of the allegations, emphasizing the importance of the complainant'....
Requirement of formal arrest before applying for bail under Section 439 of Cr.P.C.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.
The court may grant bail based on the length of custody and the time the trial would take, without commenting on the merits of the case.
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
Grant of bail based on similarity of the case with a previously granted bail to a co-accused and without commenting on the merits of the case.
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