Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1316

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Bhavishya Kumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3797 of 2022
Decided On : 06-04-2022

Advocates appeared:
Rakesh Matoria, Advocate, Mohd. Javed Gauri, Advocate

The court may grant bail based on the consideration of the facts and circumstances of the case, without commenting on the merits of the case.

Headnote:
Bail Application - Allegation of Making Reki - The court granted bail to the accused-petitioner based on the consideration of the facts and circumstances of the case, without commenting on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with a case involving serious offences under the IPC and arms act. The petitioner's name was not mentioned in the FIR, and the only allegation against the petitioner was that he made reki of the area surrounding the spot of the incident prior to the incident. The main accused for using a firearm was someone else. The trial of the case was expected to take a long time.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: The main issue was whether the accused-petitioner should be granted bail despite the serious nature of the charges and the length of the trial.
Ratio Decidendi: The court considered the absence of the petitioner's name in the FIR, the nature of the allegations against the petitioner, and the expected duration of the trial in granting bail.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties to the satisfaction of the trial Judge.

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.213/2021, Police Station Kotwali Sri Ganganagar, Distt. Sri Ganganagar for the offence under Sections 302, 396, 397, 34, 120-B of IPC and Section 27 of arms act.

2. Learned counsel for the petitioner submits that the name of the present petitioner was not mentioned in the FIR. He was also not found present in the CCTV footage obtained by the police. The only allegation against the present petitioner is that he made reki of the area surrounding the spot of incident prior to the incident. The allegation of using firearm is against main accused-Mohit. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Bhavishya Kumar S/o Banshi Lal arora shall be enlarged on bail in FIR No.213/2021, Police Station Kotwali Sri Ganganagar, Distt. Sri Ganganagar provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

Click Here to Read the rest of this document