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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Chhotu Singh & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No.687 of 2022
Decided On : 05-02-2022
Bail Application - Specific Allegation of Inflicting Injury and Snatching Money - Dismissal of Second Bail Application
Fact of the Case:
The petitioners were arrested for the offence under Sections 341, 323, 354, 397, 307/34 of IPC. The first bail application was dismissed with liberty to file a fresh bail application after filing of the challan. The second bail application was filed after the challan was presented and the injured was discharged from the hospital.
Finding of the Court:
The court found that specific allegations of inflicting injury and snatching money were made against the accused, and the injured had also received grievous injury. The court concluded that no case for grant of bail was made out and dismissed the second bail application.
Issues: The issue was whether the petitioners should be released on bail after the challan was presented and the injured was discharged from the hospital.
Ratio Decidendi: The court considered the specific allegations and the grievous injury suffered by the injured in reaching its decision to dismiss the bail application.
Final Decision: The second bail application was dismissed, but the petitioners were given liberty to file a fresh bail application after recording the statement of the injured.
JUDGMENT
Manoj Kumar Garg, J. - This is the second bail application under Section 439 Cr.P.C.
2. The petitioners were arrested in connection with FIR No.379/2021, Police Station Raipur, Distt. Pali for the offence under Sections 341, 323, 354, 397, 307/34 of IPC.
3. The first bail application of the petitioners was dismissed as withdrawn vide order dt. 24.11.2021 with liberty to file fresh bail application after filing of the challan.
4. Learned counsel for the petitioners submits that now, challan of the case has been presented and injured has also been discharged from the hospital. The petitioners are in judicial custody since 27.10.2021 and the trial of the case will take a long time. In these circumstances, the petitioners may be released on bail.
5. Learned Public Prosecutor has opposed the prayer of the petitioners.
6. I have considered the arguments advanced before me and perused the material available on record.
7. It is evident from the challan papers that injured-Smt. Rekha Devi has levelled specific allegation of inflicting injury and snatching Rs.4000/- from her purse against both the accused-petitioners. The injured-Smt. Rekha has also received grievous injury.
8. No case for grant of bail is made out.
9. accordingly, the present second bail application is dismissed. However, the petitioners are at liberty to file a fresh bail application after recording the statement of injured-Smt. Rekha Devi. The trial court is directed to record the statement of injured-Smt. Rekha as early as possible.
The court considered specific allegations and the extent of injury in deciding on the grant of bail.
The court has the discretion to grant bail to an accused 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 facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
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.
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.
Grant of bail based on injury report 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.
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
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