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2021 Supreme(Raj) 343

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Rakesh - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 2567 of 2021
Decided on : 19-02-2021

Advocates appeared:
Jitendra Ojha, Advocate, Shrawan Bishnoi, Advocate

The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.

Headnote:

Bail - Criminal Law - The court granted bail to the petitioners under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.

Fact of the Case:

The petitioner(s) were arrested for various offenses under the IPC and the PDPP Act. The bail application(s) were filed under Section 439 Cr.P.C.

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 petitioner(s) after considering the arguments from both the petitioners' counsel and the Public Prosecutor.

Issues: Bail application under Section 439 Cr.P.C

Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted bail to the petitioners.

Final Decision: The bail application(s) filed under Section 439 Cr.P.C is/are allowed, and the petitioners are directed to be released on bail upon fulfilling the specified conditions.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.26/2020 of Police Station Rishabhdev, Distt. Udaipur for the offence(s) punishable under Section(s) 147, 148, 149, 332, 353, 427, 307 IPC and Sections 3 and 4 of the PDPP Act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioners has submitted that co-accused persons have already been enlarged on bail.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) (1) Rakesh S/o Vala, (2) Shanti Lal S/o Bhim Ji and (3) Rajesh Kumar S/o Shankar Lal shall be released on bail in connection with FIR No.26/2020 of Police Station Rishabhdev, Distt. Udaipur provided he/she/they execute(s) a personal bond in the 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/her/their 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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