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2021 Supreme(Raj) 706

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Sharwan Ram & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Criminal Miscellaneous Bail Application No. 4553/2021 and S.B. Criminal Miscellaneous Bail Application No. 3697/2021
Decided on : 03-05-2021

Advocates appeared:
Mr. Mohan Lal, Mr. Vishal Sharma, for the Appellant; Mr. Mahipal Bishnoi, PP, Mr. Bhawani Singh Bhati, for the Respondent.

Headnote:

Bail - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C.

Fact of the Case:

The petitioners were arrested for offences under Sections 363, 366, and 376-D IPC. They applied for bail.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances and the likely duration of the proceedings.

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

Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. based on the totality of the facts and circumstances and the likely duration of the proceedings.

Final Decision: The bail applications were allowed, and the accused petitioners were directed to be released on bail upon executing a personal bond and sureties.

JUDGMENT

1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioners have been arrested in FIR No.54/2021 of Police Station Dechu, District Jodhpur for the offences punishable under Sections 363, 366 and 376-D IPC. They have preferred these bail applications under Section 439 Cr.P.C.

4. Learned counsel for the petitioners have drawn the attention of this Court towards the statement rendered by the husband of the prosecutrix and have also taken this Court to the fact of the document pertaining to live-in-relationship executed between Sharwan Ram and the prosecutrix. Learned counsel for the petitioners further submit that Mohan Ram attested the said document, and he is the Sarpanch of the village and physically disabled too.

5. Learned Public Prosecutor as well as counsel for the complainant opposed the bail applications.

6. Having regard to the totality of the facts and circumstances of the case as also the fact that 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 petitioners under Section 439 Cr.P.C.

7. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Sharwan Ram S/o Shri Raju Ram and (2) Mohan Ram S/o Basta Ram shall be released on bail in connection with FIR No.54/2021 of Police Station Dechu, District Jodhpur provided each of them execute 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 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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