Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1045

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Lavjot Singh – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2915 of 2022
Decided On : 24-05-2022

Advocates appeared:
Ravindra Acharya, Advocate, Anees Bhurat, Advocate, Yogendra Singh Charan, Advocate

The court has the discretion to grant bail to the accused petitioner 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 petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for the offence punishable under Section 376 of IPC and Sections 67 & 67a of IT act. The prosecutrix is a major and a compromise has been arrived between the parties.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner.
Issues: The issue of whether bail should be granted to the accused petitioner considering the totality of the facts and circumstances of the case.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted 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 it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 22/2022 of Police Station Rayala, District Bhilwara for the offence punishable under Section 376 of IPC and Sections 67 & 67a of IT act.. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the prosecutrix is a major and now compromise has been arrived between the parties. Counsel further submits that 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 has opposed the bail application. Learned counsel for the complainant concur the fact of compromise.

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 Lavjot Singh S/o Gurudev Singh, shall be released on bail in connection with FIR No. 22/2022 of Police Station Rayala, District Bhilwara 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(out of which, one surety should be close relative of the petitioner and is resident of Rajasthan) 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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