Virender Singh Charan vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1025

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Virender Singh Charan – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3695 of 2022
Decided On : 26-05-2022

Advocates appeared:
Pankaj Kumar Gupta, Advocate, N.S. Bhati, Advocate

Headnote:
Bail Application - Offences under Arms Act - The court granted bail to the accused under Section 439 Cr.P.C. considering the nature of the offence and the fact that the main accused had already been enlarged on bail.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for grant of regular bail in connection with FIR No. 23/2016 for offences punishable under Sections 302/34 IPC, Section 3/25 and 5/25 of arms act.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.
Issues: The main issue was whether the accused should be granted bail considering the nature of the offence and the circumstances of the case.
Ratio Decidendi: The court considered the nature of the offence, particularly the fact that the offence is punishable with imprisonment of three years, and the fact that the main accused had already been enlarged on bail, in granting bail to the accused.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused was ordered to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Rameshwar Vyas, J. - The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 23/2016 registered at Police Station Salasar, District Churu for offences punishable under Sections 302/34 IPC, Section 3/25 and 5/25 of arms act.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the petitioner submits that the offence alleged against the petitioner is under Section 5/25 of arms act for supplying arms to Gajendra and Imran, who did not possess license and also are accused for the offences under Sections 302, 120-B IPC etc. Learned counsel further submits that the main accused Imran has already been enlarged on bail; offence under Section 5/25 arms act punishment with imprisonment of three years and fine. In the above circumstances, learned counsel for the petitioner prays to grant bail application.

4. On the other hand, learned Public Prosecutor has opposed the bail application.

5. Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the fact that offence is punishable with imprisonment of three years, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

6. accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Virendra Singh Charan S/o Narendra Singh, who is in custody in connection with FIR No. 23/2016 registered at Police Station Salasar, District Churu, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.

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