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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Navdeep Agarwal – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 373 of 2023
Decided On : 24-01-2023
Bail Application - Offences under Sections 420 & 406 of Indian Penal Code - The court granted bail to the accused-petitioner based on the lack of reliable material to connect the petitioner with the alleged offences and the opinion that the bail application deserves to be accepted.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.127/2022, registered for offences under Sections 420 & 406 of Indian Penal Code. The petitioner claimed innocence and false implication.
Finding of the Court:
The court, without expressing any opinion on merits/demerits of the case, granted bail to the accused-petitioner based on the lack of reliable material to connect the petitioner with the alleged offences and the opinion that the bail application deserves to be accepted.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 420 & 406 of Indian Penal Code.
Ratio Decidendi: The lack of reliable material to connect the petitioner with the alleged offences and the opinion that the bail application deserves to be accepted.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be released on bail upon fulfilling certain conditions.
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.127/2022, registered at Police Station Ratanada, District Jodhpur, for offences under Sections 420 & 406 of Indian Penal Code.
2. Learned counsel for the petitioner submits that there is no reliable material available on record to connect the petitioner with the alleged offences. The petitioner is an innocent person and has falsely been implicated in this case. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
3. 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.
4. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Navdeep Agarwal S/o Dinesh Agarwal arrested in connection with F.I.R. No.127/2022, registered at Police Station Ratanada, District Jodhpur, shall be released 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.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Granting bail based on the circumstances and the precedent of similarly situated co-accused being enlarged on bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court's decision to grant bail was influenced by the consideration of the nature of injuries, the potential delay in the trial, and the facts and circumstances of the case.
The court considered the adverse impact on the accused petitioner's studies due to prolonged custody as a ground for granting bail.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
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