Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 977

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Bablu @ Balla Khan & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 103 of 2023
Decided On : 17-01-2023

Advocates Appeared:
Kalu Ram Bhati, Advocate, S.D. Chavariya, Advocate, Vikram Sharma, Advocate

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.

Headnote:
Bail - Criminal Law - The court granted bail to the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.409/2022, Police Station Mandal, Bhilwara for the offences under Sections 452, 323 and 365/34 of the Indian Penal Code.
Fact of the Case:

The petitioners filed an application for bail under Section 439 of the Cr.P.C. in connection with FIR No.409/2022, Police Station Mandal, Bhilwara for the offences under Sections 452, 323 and 365/34 of the Indian Penal Code.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioners, considering the simple nature of the injuries and the likelihood of a lengthy trial.
Issues: The main issue was whether the petitioners should be granted bail in connection with the mentioned FIR and the offences under the Indian Penal Code.
Ratio Decidendi: The court considered the facts and circumstances of the case, the nature of the injuries, and the potential delay in the trial in deciding to grant bail to the petitioners.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioners were ordered to be released on bail upon fulfilling certain conditions.

JUDGMENT

Kuldeep Mathur, J. - This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.409/2022, Police Station Mandal, Bhilwara for the offences under Sections 452, 323 and 365/34 of the Indian Penal Code.

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

3. Learned counsel for the petitioners submits that the injuries said to have been received by the daughter of the complainant have not been attributed to the present petitioners. He further submits that even otherwise injuries received are simple in nature.

4. The petitioners are behind the bars and the trial will take time.

5. Therefore, the petitioners may be enlarged on bail.

6. Learned Public Prosecutor vehemently opposed this bail application.

7. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

8. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioners (1) Bablu @ Balla Khan S/o Shri Mubarik Khan, (2) Sakir S/o Shri Piru Khan and (3) Musraf S/o Shri Dildar Khan, arrested in connection with FIR No.409/2022, P.S. Mandal, Bhilwara shall be released on bail; provided each of them executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Click Here to Read the rest of this document