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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sandeep @ Sethi – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3917 of 2022
Decided On : 06-04-2022
Bail - Arms Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. in connection with FIR No.72/2021, Police Station Kotadi, Distt. Bhilwara for the offence under Sections 201, 212, 225 read with Section 302 of IPC and Sections 5/29, 29, 25(7) of arms act, considering the facts and circumstances of the case without commenting on the merits of the case.
Fact of the Case:
The accused-petitioner was arrested in connection with FIR No.72/2021, Police Station Kotadi, Distt. Bhilwara for the offence under Sections 201, 212, 225 read with Section 302 of IPC and Sections 5/29, 29, 25(7) of arms act. The petitioner sought bail on the grounds that the co-accused had already been granted bail and that the only allegation against the petitioner was supplying firearms to the main accused. The petitioner had been in judicial custody since arrest and the trial 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 in connection with the mentioned offences.
Ratio Decidendi: The court considered the arguments and material available on record, and based on the facts and circumstances of the case, decided to grant bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and it was ordered that the accused-petitioner shall be enlarged on bail in FIR No.72/2021, Police Station Kotadi, Distt. Bhilwara, upon furnishing a personal bond and sureties to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing.
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.72/2021, Police Station Kotadi, Distt. Bhilwara for the offence under Sections 201, 212, 225 read with Section 302 of IPC and Sections 5/29, 29, 25(7) of arms act.
2. Learned counsel for the petitioner submits that co-accused Paras, Ramdeen, Sunil Ram, Mahesh Kumar, etc. have already been granted bail by this Court whereas the case of the present petitioner is on better footing. Learned counsel also submitted that the only allegation against the present petitioner is that he supplied firearms to the main accused. Thus, the case of the present petitioner does not travel beyond the arms act. It is also contended that only 5 cases are pending against the petitioner and so many cases are also pending against those co-accused who have already been granted bail. The petitioner is in judicial custody since his arrest 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 Sandeep @ Sethi S/o Sh. Krishna Kumar shall be enlarged on bail in FIR No.72/2021, Police Station Kotadi, Distt. Bhilwara 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.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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.
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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