IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Rasul Kathat - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 2573 of 2021, 2066 of 2021
Decided on : 01-03-2021
Bail - False Implication - The court granted bail to the accused petitioners under Section 439 Cr.P.C. after considering the totality of the facts and circumstances of the case and the case diary, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioners were arrested for offences under Sections 342, 363, 366, 376(2), 120B IPC in connection with FIR No.14/2021 of Police Station Khiwada District Pali. The petitioners claimed they were falsely implicated, arguing that the main allegation of abduction was against another individual and the prosecutrix was not known to them.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners after considering the totality of the facts and circumstances of the case and the case diary.
Issues: The main issue was whether the accused petitioners should be granted bail in connection with the FIR No.14/2021 of Police Station Khiwada District Pali.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. after considering the totality of the facts and circumstances of the case and the case diary, without expressing any opinion on the merits of the case.
Final Decision: The bail applications filed under Section 439 Cr.P.C. were allowed, and it was directed that the petitioners shall be released on bail in connection with FIR No.14/2021 of Police Station Khiwada District Pali, provided each of them executes a personal bond and sureties to the satisfaction of the trial court.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
2. The petitioners have been arrested in FIR No.14/2021 of Police Station Khiwada District Pali for the offences punishable under Sections 342, 363, 366, 376(2), 120B IPC. They have preferred these bail applications under Section 439 Cr.P.C.
3. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is argued that the prosecutrix was engaged to co-accused Suresh and the main allegation of abduction is against Suresh only. It is submitted that prosecutrix is not known to the petitioners and she has levelled allegation against the petitioners on the basis of doubt.
4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after going through the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
5. Accordingly, these bail applications filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Rasul Kathat S/o Shakrudeen Merat and Kailash Kathat S/o Chotu Kathat shall be released on bail in connection with FIR No.14/2021 of Police Station Khiwada District Pali provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each 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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.