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2006 Supreme(Raj) 1594
High Court Of Rajasthan
Judgename : GOPAL KISHAN VYAS
SHIV SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRIMINAL MISC. IInd BAIL APPLICATION 2071 Of 2006
Decided On : 05/22/2006
ASHOK UPADHAYAY, S.S.SHEKHAWAT
Important Points
Subject
Criminal Law - Bail Application
Act Referred
Headnote
Bail Application - Criminal Law - The court allowed the second bail application under Section 439 Cr. P. C. and directed the release of the accused on bail, considering the simple nature of the assigned injury and the time spent in custody.
Fact of the Case:
The applicant's first bail application was rejected, and he was behind bars for one and a half months. The challan has been filed against the applicant, and only one simple injury has been assigned to him.
Finding of the Court:
The court, without expressing any opinion, found it just and proper to grant bail to the accused-applicant.
Issues: The main issue was the grant of bail to the accused-applicant under Section 439 Cr. P. C.
Ratio Decidendi: The court considered the facts and circumstances of the case, including the nature of the injury and the time spent in custody, in deciding to grant bail to the accused-applicant.
Final Decision: The second bail application filed under Section 439 Cr. P. C. was allowed, and the accused was directed to be released on bail upon fulfilling certain conditions.
( 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 first bail application of the applicant was rejected by this Court on 24. 4. 2006 and liberty was granted to him to file fresh bail application after filing of the challan. Now challan has been filed against the applicant. Further, it is contended that only one injury has been assigned to the applicant and that too is simple in nature. The applicant is behind the bars since last one and half month.
( 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 second bail application filed under Section 439 Cr. P. C. is allowed and it is directed that the applicant Shiv Singh S/o Kishan singh shall be released on bail (in FIR No. 44/2006, p. S. Rashmi, District Chittorgarh) 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.
