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2019 Supreme(Raj) 1816
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Vijender Meena @ Vijay Meena - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 15374 of 2019
Decided On : 18-12-2019
Baltej Singh, Advocate, Anil Joshi, Advocate
Granting bail based on the totality of the facts and circumstances, the petitioner's age, and the period of custody, without expressing any opinion on the merits of the case.
Headnote:
Bail - Offences under IPC and I.T. Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested for offences under Sections 354, 504 of IPC and Section 67 of I.T. Act and had been in custody since 27.11.2019. The petitioner's counsel argued that the petitioner's age is 21 years and the alleged actions were not heinous crimes.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances, and the petitioner's age and period of custody.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances, the petitioner's age, and the period of custody, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Pushpendra Singh Bhati, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in connection FIR No.401/2019 registered at Police Station Mahila Thana, Hanumangarh for the offences punishable under Sections 354, 504 of IPC and Section 67 of I.T. Act.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 27.11.2019, and that, the persistent calling and messaging is not a heinous crime and the age of the petitioner is 21 years.
4. Learned Public Prosecutor has opposed the bail application.
5. Having regard to the totality of the facts and circumstances of the case and without expressing any opinion on the merits of the case, as also the fact that the petitioner is in custody since 27.11.2019 and age of the petitioner is 21 years, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vijender Meena @ Vijay Meena S/o Shri Satyanarayan, shall be released on bail in connection with FIR No. 401/2019 registered at Police Station Mahila Thana, Hanumangarh, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each, out of which one shall be the petitioner's uncle namely Ratiram S/o Banwarilal, R/o Kotputli, Jaipur, to the satisfaction of 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 the trial.
