Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1029

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Ummed Singh – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 6212 of 2022
Decided On : 26-05-2022

Advocates appeared:
Chandrasen Rathore, Advocate, Mukhtiyar Khan, Advocate

The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offences under IPC and Protection of Children From Sexual Offence Act, 2012 - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for offences under IPC and Protection of Children From Sexual Offence Act, 2012. The petitioner argued that similarly situated co-accused had been granted bail and the trial would take a long time to conclude.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances.
Issues: The main issue was whether the accused petitioner should be granted bail given the charges against him and the stage of the trial.
Ratio Decidendi: The court considered the totality of the facts and circumstances and deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.290/2021, Police Station Kotwali Jalore, District Jalore, for the offences punishable under Sections 452, 323, 354, 427 of IPC and Sections 7/8, 16/17 of Protection of Children From Sexsual Offence act, 2012.

2. Counsel for the petitioner submits that similarly situated co-accused Bhera Ram and Hukam Singh have already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to that of co-accused. Challan of the case has already been presented. The accused-petitioner is in judicial custody 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-petitioner.

3. Learned Public Prosecutor vehemently opposed the bail application.

4. 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 petitioner under Section 439 Cr.P.C.

5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ummed Singh S/o Sh. Jeevn Singh shall be released on bail in connection with FIR No. 290/2021, Police Station Kotwali Jalore, District Jalore provided he 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 his 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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