IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Raja Ram @ Raju Manju - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 616 of 2021
Decided on : 12-01-2021
Bail - Criminal Law - COVID-19 - The court granted bail to the accused petitioner under Section 439 Cr.P.C. due to the similar bail granted to a co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
Fact of the Case:
The petitioner was arrested for various offenses and filed a bail application under Section 439 Cr.P.C. The co-accused had already been granted bail, and the chargesheet had been filed.
Finding of the Court:
The court, considering the circumstances and 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. in connection with multiple offenses.
Ratio Decidendi: Granting bail based on the totality of facts, similar bail granted to co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
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. - 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. 52/2020 of Police Station Bhojasar, Jodhpur for the offences punishable under Sections 147, 148, 149, 341, 323, 397, 427, 307 & 325 of IPC and Section 3/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that co-accused Hanuman @ Laden has already been granted bail by this Court vide order dated 08.01.2021 passed in S.B. Criminal Misc. Second Bail Application No.14652/2020. It is also contended that 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 released on 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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Raja Ram @ Raju Manju S/o Shri Rawal Ram shall be released on bail in connection with FIR No. 52/2020 of Police Station Bhojasar, Jodhpur 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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