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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Ramlal @ Ramu – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous Bail Application No. 477 of 2023
Decided On : 17-01-2023
Bail Application - Enlargement on Bail - The court allowed the bail application under Section 439 Cr.P.C and ordered the accused-petitioner to be enlarged on bail upon furnishing a personal bond and sureties.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C against the order impugned in connection with FIR No.310/2022 for the offence under Sections 457 and 380 IPC.
Finding of the Court:
The court, after considering the arguments and overall facts and circumstances of the case, deemed it just and proper to enlarge the accused-petitioner on bail.
Issues: The issue was whether the accused-petitioner should be granted bail in connection with the alleged offences under Sections 457 and 380 IPC.
Ratio Decidendi: The court's decision was influenced by the arguments advanced by the counsel for the parties and the overall facts and circumstances of the case.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Kuldeep Mathur, J. - The instant bail application has been filed by the petitioner-Ramlal @ Ramu S/o Kalu Ji under Section 439 Cr.P.C against the order impugned dated 21.12.2022 passed by learned court below in connection with FIR No.310/2022, registered at Police Station Mandore, District Jodhpur for the offence under Sections 457 and 380 IPC
2. Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. The accused-petitioner has nothing to do with the alleged offences. The case is exclusively triable by the court of Magistrate. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case.
3. Per contra, learned Public Prosecutor has opposed the bail application.
4. Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Ramlal @ Ramu S/o Kalu Ji, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
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.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits 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.
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