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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Naresh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4119 of 2022
Decided On : 25-04-2022
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner based on the consideration that the offences were triable by the First Class Magistrate, charge-sheet had been filed, and the trial would take a sufficiently long time.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. as he was in judicial custody in connection with F.I.R. No.97/2021, Police Station Vallabh Nagar, District Udaipur, for the offence punishable under Sections 420 and 406 of the Indian Penal Code.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner based on the facts that the offences were triable by the First Class Magistrate, charge-sheet had been filed, and the trial would take a sufficiently long time.
Issues: The main issue was whether the accused-petitioner should be granted bail despite facing charges under Sections 420 and 406 of the Indian Penal Code and having six other cases of similar nature registered against him.
Ratio Decidendi: The court's decision was influenced by the fact that the offences were triable by the First Class Magistrate, charge-sheet had been filed, and the trial would take a sufficiently long time, leading to the grant of bail to the accused-petitioner.
Final Decision: The bail application of the accused-petitioner was allowed, and it was ordered that he shall be released on bail upon furnishing a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court.
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.97/2021, Police Station Vallabh Nagar, District Udaipur, registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code.
2. Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.01.2022; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that six other cases of similar nature are registered against the accused-petitioner.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by the First Class Magistrate; charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Naresh S/o Rameshwar Lal, arrested in connection with F.I.R. No.97/2021, Police Station Vallabh Nagar, District Udaipur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each (one shall be a local surety) 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 may grant bail based on the triability of the offences by the Magistrate, filing of charge-sheet, and the expected duration of the trial.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court considered the triability of the offences, previous bail grants to co-accused persons, and the expected delay in further investigation and trial as key factors in granting bail to the accus....
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
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