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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Sharwan Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 208 of 2023
Decided On : 13-01-2023
Bail Application - Grant of Bail - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances.
Fact of the Case:
The petitioner was arrested in connection with FIR No.219/2022 for offences under Sections 342, 436 IPC. The petitioner sought bail citing false implication and long judicial custody.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioner without expressing any opinion on the merits of the case, based on the totality of the facts and circumstances.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.219/2022 of Police Station Kuchera, District Nagaur for the offences punishable under Sections 342, 436 IPC. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. The accused-petitioner is in judicial custody since long and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.
4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sharwan Ram S/o Shri Ramniwas shall be released on bail in connection with FIR No. 219/2022 of Police Station Kuchera, District Nagaur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
Granting bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court may grant bail to the accused based on a compromise with the complainant and the likelihood of a lengthy trial, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C based on totality of facts and circumstances, without expressing opinion on case merits.
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