The court's discretion to grant bail under Section 439 Cr.P.C. is influenced by the entirety of facts and circumstances, without expressing any opinion on the merits of the case.

Headnote:
Bail - Criminal Offences - The court granted bail to the accused under Section 439 Cr.P.C. in a case involving charges under the Rajasthan Excise Act and Arms Act, despite the recovery of liquor and a pistol with live cartridges from the accused. The court emphasized that it was not expressing any opinion on the merits of the case but deemed it proper to grant bail considering the entirety of facts and circumstances.
Fact of the Case:

The accused was arrested for the offence under Sections 19/54 Rajasthan Excise Act and Section 3/25(1-B)(A) Arms Act after nearly 95 liters of liquor and a 32 bore pistol with live cartridges were recovered from him. The accused's cousin brother submitted that the accused was innocent and implicated in the case when the driver of the vehicle suddenly ran away, leaving the accused in the vehicle.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused considering the entirety of facts and circumstances available on record.
Issues: The main issue was whether the accused should be granted bail in a case involving serious charges under the Rajasthan Excise Act and Arms Act, despite the recovery of liquor and a pistol with live cartridges from the accused.
Ratio Decidendi: The court's decision to grant bail was influenced by the entirety of facts and circumstances available on record, and the emphasis that it was not expressing any opinion on the merits of the case.
Final Decision: The court allowed the bail application and ordered the release of the accused on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Ashok Kumar Jain, J. - The present misc. bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner in the matter arising out of F.I.R. No.25/2023, PS Loonkaransar, District Bikaner whereby the present petitioner was arrested for the offence under Sections 19/54 Rajasthan Excise Act and Section 3/25(1-B)(A) Arms Act.

2. Mr. Ramniwas Godara, cousin brother of petitioner is present in person before this Court. He submits that the petitioner is innocent and he has unnecessarily been implicated in the present case. He further submits that when questioned vehicle was intercepted by police, the driver of vehicle suddenly ran away from the spot leaving the present petitioner in the vehicle, thus, the present petitioner was held responsible for all recoveries effected on the spot as being a co-traveller. He also submits that the petitioner was running a coaching-institute in Loonkaransar whereby he trained young students for recruitment in army. He also submits that investigation and trial will take its own time. Hence, he prays that since it is an offence triable by Magistrate, therefore, the petitioner may be released on bail.

3. Aforesaid contentions were opposed by learned Public Prosecutor.

4. Heard representative of the present petitioner as well as learned Public Prosecutor and perused the case diary and material available on record.

5. Having gone through the facts as indicated in Police report, it is alleged that nearly 95 liters of liquor and 32 bore pistol with live cartridges as indicated in FIR were recovered from the present petitioner on the spot. One more case under Section 3/25 Arms Act is also pending against the present petitioner.

6. Having regard to the entirety of facts and circumstances as available on record and without expressing any opinion on the merits of the case, this Court deems it proper to enlarge the present petitioner on bail.

7. Consequently, the present misc. bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Bhagwana Ram S/o Bhanwara Ram, arrested in connection with F.I.R. No.25/2023, PS Loonkaransar, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so and also not to repeat any offence or indulge in criminal activity.

Click Here to Read the rest of this document