IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Sagar - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 1037 of 2021
Decided on : 20-01-2021
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested for various offenses under the Indian Penal Code and Arms Act. The chargesheet had already been filed, and the proceedings were likely to take some time.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances, the filing of the chargesheet, and the likely duration of the proceedings.
Final Decision: The second 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. - 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. 505/2019 of Police Station Subhash Nagar, District Bhilwara for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 452, 427 of IPC and Section 4/25 of Arms Act. He has preferred this second bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits 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 the 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 Sagar S/o Shri Shankar Lal shall be released on bail in connection with FIR No. 505/2019 of Police Station Subhash Nagar, District Bhilwara 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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