Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Omprakash – Appellant
Versus
State Of Rajasthan – Respondent
S. B. Criminal Miscellaneous Bail Application No. 5885 of 2022
Decided On : 19-05-2022
Bail Application - Offence under Section 7 of Prevention of Corruption (amendment) act, 2018 - The court allowed the bail application under Section 439 of Cr.P.C. without commenting upon the merits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 of Cr.P.C. for the offence under Section 7 of Prevention of Corruption (amendment) act, 2018. The petitioner had been in custody for over a month, and false allegations were made against him.
Finding of the Court:
The court, without commenting upon the merits of the case, found that the bail application deserves to be accepted and allowed the bail application under Section 439 of Cr.P.C.
Issues: The main issue was whether the accused-petitioner should be granted bail under Section 439 of Cr.P.C. for the offence under Section 7 of Prevention of Corruption (amendment) act, 2018.
Ratio Decidendi: The court considered the submissions made by the parties and decided to grant bail to the accused-petitioner without commenting upon the merits of the case.
Final Decision: The court allowed the bail application under Section 439 of Cr.P.C. and ordered the release of the accused-petitioner upon furnishing a personal bond and surety bonds.
JUDGMENT
Rameshwar Vyas, J. - The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 134/2022 registered at Police Station C.P.S. a.C.B. Jaipur (Chowki Bikaner) for the offence under Section 7 of Prevention of Corruption (amendment) act, 2018.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that the petitioner is behind the bar for last more than one month. The petitioner is a private person, against whom false allegations have been made. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.
4. On the other hand, learned Public Prosecutor has opposed the bail application.
5. Having regard to the submissions made by learned counsel for the parties and upon a consideration of the facts, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
6. Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Omprakash S/o Sahiram Taran arrested in connection with F.I.R. No. 134/2022 registered at Police Station C.P.S. a.C.B. Jaipur (Chowki Bikaner) shall be released on bail provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The court established that prolonged detention without ongoing investigation and the potential delay in trial can be grounds for granting bail under Section 439 Cr.P.C.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court's decision to grant bail was based on the statement made by the prosecutrix, which did not level any allegation against the petitioners and raised doubts about the correctness of certain st....
The court considered the circumstances of the case, including the nature of the offences, the duration of incarceration, and the absence of pending investigations, in granting bail to the accused-pet....
The court considered the statement of the prosecutrix indicating a consensual relationship and the absence of force in granting bail to the petitioner.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The court established that under Section 439 Cr.P.C., bail may be granted when the investigation is complete and the trial is expected to be lengthy, balancing the rights of the accused with the judi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
