Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1222

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Ankit Kulhari – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 7481 of 2022
Decided On : 03-06-2022

Advocates appeared:
Navneet Singh Birkh, Advocate, Mukesh Trivedi, Advocate

The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for offences under Sections 387, 506 IPC and filed a second bail application after the first one was dismissed with liberty to file afresh after filing of the charge-sheet. The co-accused had already been enlarged on bail by a coordinate Bench of the Court.
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. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.69/2022 of Police Station Taranagar, District Churu for the offences punishable under Sections 387, 506 IPC. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner submits that the first bail application was dismissed on 06.04.2022 by this Court with liberty to file afresh after filing of the charge-sheet. Further co-accused have already been enlarged on bail by a coordinate Bench of this Court. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned Public Prosecutor opposes the second bail application.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner ankit Kulhari S/o Shri Rohitash shall be released on bail in connection with FIR No.69/2022 of Police Station Taranagar, District Churu provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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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