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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Devendra Kachhawaha, J.
Sunil Kumar Soni - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 8264/2021
Decided on : 08-07-2021
Bail Application - Offences under Sections 420 and 406 of the Indian Penal Code - The court granted bail to the accused-petitioner based on the fact that a similar case had been granted bail by a co-ordinate Bench of the Court, without expressing any opinion on the merits/demerits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for offences under Sections 420 and 406 of the Indian Penal Code. The petitioner claimed wrongful implication, delay in obtaining charge-sheet due to the Covid-19 pandemic, and cited a similar case where bail was granted.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner based on the fact that a similar case had been granted bail by a co-ordinate Bench of the Court.
Issues: Delay in obtaining charge-sheet, wrongful implication, benefit of bail granted in a similar case.
Ratio Decidendi: The court considered the totality of facts and circumstances, particularly the fact that bail had been granted in a similar case, and decided to grant bail without expressing any opinion on the merits/demerits of the case.
Final Decision: The bail application filed by the petitioner was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
JUDGMENT
1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.25/2021, Police Station Gandhi Nagar, District Jaipur, for the offences punishable under Sections 420 and 406 of the Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person. Perused the material available on record.
3. Learned counsel for the petitioner stated that offences are triable by the Magistrate; charge-sheet has been filed in April, 2021 but due to Covid-19 pandemic, charge-sheet cannot be obtained from the Trial Court; accused-petitioner has wrongly been implicated; accused-petitioner is behind the bars since 02.03.2021; there is dispute relating to business transactions; that in similar case, benefit of bail has been granted to the accused-petitioner by the co-ordinate Bench of this Court in which F.I.R was filed by the brother of complainant and the trial will take long time, therefore, benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application of the accused-petitioner.
5. Having regard to the totality of facts and circumstances, particularly to the fact that benefit of bail has been granted to the accused-petitioner in case of similar nature, therefore, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Sunil Kumar Soni S/o Shri Bhagirath Soni, arrested in connection with F.I.R. No.25/2021, Police Station Gandhi Nagar, District Jaipur, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- (Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
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