Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2260

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Kuljeet Singh @ Rana – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2112 of 2022
Decided On : 20-04-2022

Advocates appeared:
Abhishek Aggarwal, Advocate, Ashish Gehlot, Advocate, Javed Gauri, Advocate

Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.

Headnote:
Bail - Offences under IPC - Grant of bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for offences under Sections 323, 324, 325, 308, 34 of IPC. The injured received grievous injuries on non-vital body parts, and a specific allegation was levelled against the co-accused.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The issue was whether bail should be granted to the accused petitioner considering the nature of the injuries and the stage of the trial.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioner.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.341/2020 Police Station Sri Ganganagar Sadar, District Sri Ganganagar for the offence punishable under Sections 323, 324, 325, 308, 34 of IPC.

2. Counsel for the petitioner submits that both the injured received grievous injuries on the non vital part of the body. Counsel further submits that a specific allegation has been levelled by the injured against the co-accused Janta and no specific role has been assigned against the present petitioner and challan of the case has already been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor vehemently opposed the bail application.

4. 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 petitioner under Section 439 Cr.P.C.

5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kuljeet Singh @ Rana S/o Gulab Singh, shall be released on bail in connection with FIR No.341/2020 Police Station Sri Ganganagar Sadar, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-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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