IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Ranveer @ Veer - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 1078 of 2021
Decided on : 20-01-2021
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. due to the totality of the facts and circumstances of the case, the fact that a similarly situated person had already been granted bail, and the charge-sheet had already been filed. The court deemed it just and proper to grant bail without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested in connection with FIR No. 51/2020 for various offences under the IPC. He filed a second bail application under Section 439 Cr.P.C.
Finding of the Court:
The court, considering the totality of the facts and circumstances, the fact that a similarly situated person had already been granted bail, and the filing of the charge-sheet, deemed it just and proper to grant bail to the accused petitioner without expressing any opinion on the merits of the case.
Issues: The main issue was whether the accused petitioner should be granted bail under Section 439 Cr.P.C.
Ratio Decidendi: The court granted bail to the accused petitioner based on the totality of the facts and circumstances, the fact that a similarly situated person had already been granted bail, and the filing of the charge-sheet, without expressing any opinion on the merits of the case.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail provided he fulfills certain conditions.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
2. This Court perused the material available on record.
3. The petitioner has been arrested in connection with FIR No. 51/2020 of Police Station Muklawa for the offences punishable under Sections 308, 452, 323, 325, 427 & 34 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that co-accused Mahaveer has already been released on bail by this Court vide order dated 10.11.2020 passed in S.B. Criminal Misc. II Bail Application No.12789/2020. It is also contended that the chargesheet in this case has already been filed.
5. Learned Public Prosecutor has opposed the bail application.
6. Having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated person has already been granted bail and charge-sheet has already been filed and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
7. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ranveer @ Veer S/o Raja Ram shall be released on bail in connection with FIR No.51/2020 of Police Station Muklawa provided he 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.
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