Gul Mohammed @ Gulsan @ Razak vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 955

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Gul Mohammed @ Gulsan @ Razak – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 189 of 2023
Decided On : 24-01-2023

Advocates Appeared:
J.S. Choudhary, Advocate, Pradeep Choudhary, Advocate, S.K. Bhati, Advocate, Lalit Sharma, Advocate

Headnote:
Bail - Offences under Sections 498A, 306 IPC - The court granted bail to the accused-petitioner based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Fact of the Case:

The petitioner filed for bail under Section 439 Cr.P.C. in connection with a case registered for offences under Sections 498A, 306 IPC. The petitioner claimed innocence and requested bail due to the expected lengthy trial.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner based on the facts and circumstances of the case.
Issues: The main issue was the grant of bail to the accused-petitioner in a case involving offences under Sections 498A, 306 IPC.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the accused-petitioner without expressing any opinion on the merits/demerits of the case.
Final Decision: The bail application filed by the petitioner was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing the specified personal bond and sureties.

JUDGMENT

Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with C.R. Case No.79/2022, registered at Police Station RGT Nagar (Barmer), for offences punishable under Sections 498A, 306 IPC.

2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submitted that petitioner and deceased were married since 2010. Learned counsel further submitted that from perusal of the FIR and challan it would reveal that the petitioner has not abetted deceased to commit suicide and the allegations levelled against the petitioner are false and fabricated. Challan has already been filed. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner.

4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Gul Mohammed @ Gulsan @ Razak S/o Barkat Khan arrested in connection with C.R. Case No.79/2022, registered at Police Station RGT Nagar (Barmer) shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.

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