Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 978

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Sunil Kumar & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 245 of 2023
Decided On : 17-01-2023

Advocates Appeared:
J.S. Choudhary, Advocate, Pradeep Choudhary, Advocate, Vikram Sharma, Advocate, Varun Arora, Advocate

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.

Headnote:
Bail - Implication in FIR - Indian Penal Code - The court allowed the bail application filed under Section 439 of the Cr.P.C. for the petitioners implicated in FIR No.467/2022, P.S. Naya Shahar, Bikaner for offenses under Sections 307, 341, 323, 147, 148, 149 and 120-B 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.467/2022, P.S. Naya Shahar, Bikaner for various offenses under the Indian Penal Code.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, decided that the bail application filed by the petitioners deserves to be accepted and consequently allowed the bail application.
Issues: Implication of petitioners in the FIR based on statements of interested witnesses, opposition by the Public Prosecutor, and the time required for the trial of the case.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the petitioners, without expressing any opinion on the merits/demerits of the case.
Final Decision: The bail application filed under Section 439 of the Cr.P.C. was allowed, and the petitioners were ordered to be released on bail upon executing personal bond and sureties to the satisfaction of the trial Court.

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.467/2022, Police Station Naya Shahar, Bikaner for the offences under Sections 307, 341, 323, 147, 148, 149 and 120-B 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 petitioners Nos.1 and 2 have not been named in the FIR. However, they have been implicated in the case on the basis of the statements of the interested witnesses recorded under Section 161 Cr.P.C.

4. Learned counsel further submits that petitioner No.3 has not even been named by the injured in his statement. He also submits that this Court has already enlarged one co-accused Aaidan on bail vide order dated 03.01.2023 (S.B. Criminal Misc. Bail Application No.15206/2022).

5. Learned counsel further submits that the petitioners are behind the bars and the trial of the case will take time. 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) Sunil Kumar S/o Shri Manfula Ram, (2) Sajid Ali S/o Shri Sattar Kha and (3) Sita Ram S/o Shri Ram Kishan, arrested in connection with FIR No.467/2022, P.S. Naya Shahar, Bikaner 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. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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