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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Devendra Kachhawaha, J.
Kailashi - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 8181/2021
Decided on : 07-07-2021
Section 439 - Bail Application - The court granted bail to the petitioner, who was in judicial custody for an offence under Section 3/25 of the Arms Act, considering the trial timeline and the fact that the offences were triable by a First Class Magistrate.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for being in judicial custody in connection with an offence under Section 3/25 of the Arms Act. The petitioner had been in custody for two months, and the trial was expected to take a long time.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner, considering the trial timeline and the fact that the offences were triable by a First Class Magistrate.
Issues: The main issue was whether the petitioner should be granted bail despite being in custody for an offence under the Arms Act, considering the number of cases registered against the petitioner.
Ratio Decidendi: The court considered the trial timeline, the fact that the offences were triable by a First Class Magistrate, and the petitioner's period of custody in deciding to grant bail.
Final Decision: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and surety bonds 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 judicial custody in connection with F.I.R. No.190/2021, Police Station Roopwas, District Bharatpur, registered for the offence punishable under Section 3/25 of the Arms Act.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars from last two months; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application and stated that earlier 18 other cases were registered against the accused-petitioner.
5. In reply, learned counsel for the petitioner stated that out of the 18 cases, 9 cases were decided and most of the cases were almost 10-20 years old.
6. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; and charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
7. Consequently, the bail application is allowed. It is ordered that the petitioner Kailashi S/o Bijendra Singh Gujrar arrested in connection with F.I.R. No.190/2021, Police Station Roopwas, District Bharatpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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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