Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 979

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Pradhuman Singh Rawat – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 369 of 2023
Decided On : 17-01-2023

Advocates Appeared:
Dinesh Kumar Bishnoim, Advocate, Vikram Sharma, Advocate

The court considered the adverse impact on the accused petitioner's studies due to prolonged custody as a ground for granting bail.

Headnote:
Bail Application - Offence under Sections 419, 420, 465, 471, 120-B of IPC and 3, 7, 10 of Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992 - The court granted bail to the accused petitioner, a student of MBBS, who was falsely implicated in the case, considering the adverse impact on his studies due to prolonged custody.
Fact of the Case:

The petitioner, a student of MBBS, was arrested in connection with an FIR for various offences. The petitioner sought bail citing adverse impact on studies due to prolonged custody.
Finding of the Court:

The court, without expressing any opinion on merits/demerits of the case, granted bail to the accused petitioner, considering the adverse impact on his studies due to prolonged custody.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the adverse impact on the petitioner's studies due to prolonged custody and granted bail 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 released on bail upon furnishing a personal bond and sureties.

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 FIR No.393/2022 registered at Police Station Mandore, District Jodhpur, for offence under Sections 419, 420, 465, 471, 120-B of IPC and 3, 7, 10 of Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992.

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

3. Learned counsel for the petitioner submits that the petitioner is a student of MBBS and has been falsely implicated in this case. He is in custody since long, therefore, his studies are suffering adversely. Keeping in view of the aforesaid submissions, the benefit of bail may be granted to the accused petitioner.

4. 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.

5. Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Pradhuman Singh Rawat S/o Shri Narpat Singh, arrested in connection with FIR No.393/2022 registered at Police Station Mandore, District Jodhpur, shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand), 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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