Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1011

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Paurav Kaler – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3826 of 2022
Decided On : 23-05-2022

Advocates appeared:
Muktesh Maheshwari, Advocate, Aidan Choudhary, Advocate, Anees Bhurat, Advocate

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

Headnote:
Bail Application - Offences under IPC and Information Technology Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for offences under Sections 420, 467, 468, 471, 120-B of IPC and Section 66-B of Information Technology (amendment) act, 2008. The petitioner sought bail citing the trial being triable by magistrate and the lengthy trial duration.
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 under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail considering the nature of the offences and the trial duration.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioner.
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 petitioner has been arrested in connection with FIR No. 292/2021 of Police Station Jai Narayan Vyas Colony, District Bikaner for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC and Section 66-B of Information Technology (amendment) act, 2008. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the offences are triable by magistrate and challan of the case has already been presented. Counsel further submits that the similar situated co-accused Ummeda Ram has already been granted bail by this Court and the case of the present petitioner is similar to the co-accused. The accused-petitioner is in judicial custody since 15.02.2022 and the trial of the case will take sufficient long time to be concluded.

3. Therefore, the benefit of bail should be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the bail application. 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 Paurav Kaler S/o Shri Om Prakash Kaler, shall be released on bail in connection with FIR No. 292/2021 of Police Station Jai Narayan Vyas Colony, District Bikaner provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- 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 and if the petitioner repeats the offence of similar nature then learned Public Prosecutor shall file an application for cancellation of bail.

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