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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sunil Kareer – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2614 of 2022
Decided On : 05-03-2022
Bail Application - Grant of Bail - The court deemed it just and proper to release the petitioner on bail without commenting on the merits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.75/2020, Police Station Nokha, Distt. Bikaner for multiple offences under the IPC. The petitioner argued that similarly situated co-accused have been granted bail and the trial will 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 petitioner should be granted bail despite the serious nature of the charges and the opposition from the Public Prosecutor.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail without commenting on the merits of the case.
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.75/2020, Police Station Nokha, Distt. Bikaner for the offence under Sections 302, 307, 324, 436, 427, 147, 148 & 149 of IPC.
2. Learned counsel for the petitioner submits that similarly situated co-accused have already been granted bail by this Court and the case of the present petitioner is not distinguishable from those of the co-accused. 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 Sunil Kareer @ Sunny S/o Omprakash shall be enlarged on bail in FIR No.75/2020, Police Station Nokha, Distt. Bikaner 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 under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case.
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion 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.
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