Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1696

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vijay Bishnoi, J.
Vinod Kumar & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Second Bail Application No. 3689, 4675 of 2022
Decided On : 05-05-2022

Advocates appeared:
J.S. Choudhary, Advocate, Pradeep Choudhary, Advocate, Manjeet Godara, Advocate, Mohd. Javed Gaur, 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 - Criminal Law - The court granted bail to the accused petitioners 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 under the Indian Penal Code and filed bail applications under Section 439 Cr.P.C.
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 petitioners based on the totality of the facts and circumstances of the case.
Issues: Bail applications 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 applications filed under Section 439 Cr.P.C. were allowed, and it was directed that the petitioners shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

2. The petitioners have been arrested in FIR No.220/2018 of Police Station Taranagar, District Churu for the offences punishable under Sections 148, 365, 395, 396, 325, 302, 323 and 149 IPC.

3. They have preferred these second bail applications under Section 439 Cr.P.C.

4. Learned counsel for the petitioners has submitted that the co-accused persons viz. Rajendra Singh @ Raju, Jaideep @ Saimond, Krishan Kumar and Vinod Kumar have already been enlarged on bail by the Coordinate Benches of this Court and the case of the petitioners is not distinguishable from that of co-accused.

5. Learned Public Prosecutor has opposed the bail applications, however, he is not in a position to dispute the fact that the co-accused persons viz. Rajendra Singh @ Raju, Jaideep @ Saimond, Krishan Kumar and Vinod Kumar S/o Sultan have already been enlarged on bail by the Coordinate Benches of this Court and the case of the petitioners is not distinguishable from that of co-accused.

6. 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 petitioners under Section 439 Cr.P.C.

7. accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - Vinod Kumar S/o Bhanwar Lal and Ramesh Kumar S/o Sher Singh shall be released on bail in connection with FIR No.220/2018 of Police Station Taranagar, District Churu provided each of them 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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