Back
2019 Supreme(Raj) 333
IN THE HIGH COURT OF RAJASTHAN
DINESH MEHTA, J.
Girdhari Ram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 5584 of 2019
Decided On : 07-06-2019
For the Appellant :Mr. J.V.S. Deora, Advocate.
For the Respondent: Mr. Shravan Kumar Bishnoi, Public Prosecutor.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Headnote:
Bail Application - Section 439 of the Cr.P.C. - The court allowed the bail application filed by the petitioner, holding that the petitioner deserves to be released on bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 of the Cr.P.C. in connection with FIR No. 238/2011, Police Station Osia, District Jodhpur, for the offences under Sections 341, 323, 324 & 302 IPC.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, found that the bail application filed by the petitioner deserves to be accepted.
Issues: The issue revolved around the petitioner's alleged involvement in the offences and the grounds for granting bail.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the petitioner.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was ordered to be released on bail upon fulfilling certain conditions.
1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 238/2011, Police Station Osia, District Jodhpur, for the offences under Sections 341, 323, 324 & 302 IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
3. Learned counsel for the petitioner submits that though, petitioner and the complainant are close relatives, his name was not given while lodging the FIR. From the record of the challan papers, learned counsel points out that the petitioner was not even named by the other complainant and only in one of the statement under Section 161 Cr.P.C. of Ashok Kumar, name of the petitioner has been mentioned and thus, the petitioner has been unnecessary roped in by the police authorities.
4. Arguing the bail application learned counsel for the petitioner contended that it is unbelievable that when a complaint is being lodged by cousin of the petitioner, who claims to be present at the spot, would not take the name of the petitioner, if he was really available at the time of incident much less involved in the offence.
5. Learned Public Prosecutor vehemently opposed this bail application.
6. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Girdhari Ram S/o Bhagirath Ram, arrested in connection with FIR No. 238/2011, Police Station Osia, District Jodhpur shall be released on bail; provided he executes a personal bond in the sum of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
