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2006 Supreme(Raj) 1597
High Court Of Rajasthan
Judgename : GOPAL KISHAN VYAS
BHERU LAL - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRIMINAL MISC. BAIL APPLICATION 2017 Of 2006
Decided On : 05/22/2006
ASHOK UPADHAYAY, TINA ARORA
Headnote:
Bail - Criminal Law - The court allowed the application for bail under section 439 Cr. P. C. based on the consideration of the facts and circumstances of the case, and without expressing any opinion, decided to enlarge the accused-applicant on bail.
Fact of the Case:
The applicant, who was the driver of a vehicle, filed an application for bail, contending that there was no specific allegation against him for participating in the alleged offence, which mainly involved other accused individuals.
Finding of the Court:
The court carefully considered the contentions of the applicant's counsel and the facts and circumstances of the case, and without expressing any opinion, decided to grant bail to the accused-applicant.
Issues: The main issue was whether the applicant should be granted bail considering the specific allegations against him and the involvement of other accused individuals in the alleged offence.
Ratio Decidendi: The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, and without expressing any opinion, it found it just and proper to enlarge the accused-applicant on bail.
Final Decision: The application filed under section 439 Cr. P. C. was allowed, and the court directed the release of the applicant on bail, subject to the execution of a personal bond and furnishing of sureties to the satisfaction of the trial court.
( 1 ) I have heard learned counsel for the applicant as well as learned Public Prosecutor for the state and carefully gone through the impugned order. I have also perused the challan papers.
( 2 ) IT is contended by the learned counsel for the applicant that applicant was driver and as per the statement of the owner of the vehicle, he was only driver of the said van. Further, it is contended that there is no specific allegation against the applicant for participating in the alleged offence. The main allegation is against other accused namely satyanarain, Jagdish and Udai Lal.
( 3 ) TAKING into consideration the facts and circumstances of the case and without expressing any opinion, I think it just and proper to enlarge the accused-applicant on bail.
( 4 ) ACCORDINGLY, the application filed under section 439 Cr. P. C. is allowed and it is directed that the applicant Bheru Lal S/o Ganesh Lal shall be released on bail (in FIR No. 9/2006, P. S. Kotadi, district Bhilwara) provided he executes a personal bond in the sum of Rs. 20,000/- and furnishes two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of the learned trial court for his appearance before that Court on each and every date of hearing and whenever called upon to do so, till the completion of trial.
