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2022 Supreme(Raj) 330

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Ladulal – Petitioner
Vs.
State – Respondent
S.B. Criminal Miscellaneous Bail Application Nos. 9165, 9166 of 2022
Decided On : 29-07-2022

Advocates:
Advocate Appeared:
For the Petitioners: Smt. Ramu Devi Regar, Mr. Shiv Shakti Ratan Regar.
For the Respondent: Mr. S.K. Mehar.

Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.

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 Section 7 of PC Act, 2018 and Section 120B IPC. The family members claimed the petitioners' innocence and sought bail due to the expected lengthy trial.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C.

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

Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case.

Final Decision: Both bail applications were allowed, and the accused petitioners were directed to be released on bail upon fulfilling specified conditions.

JUDGMENT :

Manoj Kumar Garg, J.

1. The petitioners have been arrested in connection with FIR No. 270/2022 of Police Station Anti Corruption Burear, District Bhilwara-II, C.P.S. A.C.B. Jaipur for the offences punishable under Section 7 of PC Act, 2018 and Section 120B IPC. They have preferred these two separate bail applications under Section 439 Cr.P.C.

2. The family members of the petitioners, present in Court, submit that the petitioners are innocent and they have falsely been implicated in this case. The accused-petitioners are in judicial custody since 30.06.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

3. Learned Public Prosecutor has opposed the bail applications. 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 accused petitioners under Section 439 Cr.P.C.

4. Accordingly, both the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Ladulal S/o Mangilal Regar and (2) Shankar Lal S/o Uday Lal Regar shall be released on bail in connection with FIR No. 270/2022 of Police Station Anti Corruption Burear, District Bhilwara-II, C.P.S. A.C.B. Jaipur provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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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