Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1229

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Akash Samant & Ors. – Appellants
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 7141 of 2022
Decided On : 01-06-2022

Advocates appeared:
Dharmendra Surana, Advocate, Dilip Choudhary, Advocate, Anil Joshi, Advocate

Granting bail 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 - Criminal Law - The court granted bail to the accused petitioner No.2 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.
Fact of the Case:

The petitioners were arrested for various offences and filed a bail application under Section 439 Cr.P.C. The court dismissed the bail application for petitioners No.1 & 3 but granted bail to petitioner No.2.
Finding of the Court:

The court deemed it just and proper to grant bail to the accused petitioner No.2 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.
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, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. is partly allowed and it is directed that petitioner Rakesh @ Lawrance S/o Shri Ram shall be released on bail in connection with FIR No.134/2022 of Police Station Mahamandir, Jodhpur.

JUDGMENT

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

2. The petitioners have been arrested in FIR No.134/2022 of Police Station Mahamandir, Jodhpur for the offences punishable under Sections 143, 341, 323, 307 IPC. They have preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioners does not want to press the bail application qua petitioners No.1 akash Samant & No.3 Bhavesh Sen as against petitioner No.1 there is attribution of causing knife injury and petitioner No.3 Bhavesh has criminal antecedents.

4. Hence, the bail application qua petitioners No.1 & 3 is dismissed as not pressed.

5. So far as petitioner No.2 Rakesh @ Lawrance is concerned, counsel submits that his case is at par with co-accused Jitendra Singh, who has already been granted bail by a coordinate Bench of this Court vide order dated 25.05.2022 in SB Cr. Misc. Bail application No.6834/2022. Therefore, it is prayed that the petitioner No.2 may be released on bail.

6. Learned additional advocate General has opposed the bail application.

7. 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 No.2 under Section 439 Cr.P.C.

8. accordingly, this bail application filed under Section 439 Cr.P.C. is partly allowed and it is directed that petitioner Rakesh @ Lawrance S/o Shri Ram shall be released on bail in connection with FIR No.134/2022 of Police Station Mahamandir, Jodhpur 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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