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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Yogendra Kumar Purohit, J.
Amarbharti – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 83 of 2023
Decided On : 20-01-2023
Bail Application - False Implication - The court allowed the bail application filed under Section 439 Cr.P.C. on the grounds that the petitioner had been falsely implicated in the case and that the conclusion of the trial would take a long time.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. citing false implication and the lengthy trial process.
Finding of the Court:
The court found that the petitioner deserved to be granted bail based on the circumstances and arguments presented.
Issues: The main issue was whether the petitioner should be granted bail despite the pending investigation and allegations against him.
Ratio Decidendi: The court considered the false implication of the petitioner and the lengthy trial process as the key factors in granting bail.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling the specified conditions.
JUDGMENT
Yogendra Kumar Purohit, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.186/2022 Police Station Samdari, District Barmer for the offences under Sections 341, 323/34, 307, 427 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
2. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. The present petitioner is the driver of the alleged vehicle. The accused-petitioner has neither committed any beating, injuries nor has given threatening to complainant and no recovery has been made from him. As per the FIR itself the beatings have been given by Surendra Singh and Mahipal Singh only. The petitioner has only damaged the car. The accused-petitioner is in incarceration since 11.12.2022. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
3. The learned Public Prosecutor has opposed the bail and submitted that the investigation is pending and there is allegation of causing injury by sword to Nepal Singh by accused Surendra Singh. Therefore, he prays not to enlarge the petitioner on bail.
4. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
5. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Amarbharti S/o Shaitan Bharti arrested in connection with aforesaid F.I.R. shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty 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.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
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 can grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
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 considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Sect....
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
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