Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, J.
Vedpal – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 459 of 2023
Decided On : 12-01-2023
Bail Application - Offences under Sections 332 and 353 I.P.C. - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested for offences under Sections 332 and 353 I.P.C. and filed a bail application under Section 439 Cr.P.C.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Having regard to the totality of the facts and circumstances of the case, the court granted bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No.830/2022 of P.S. Hanumangarh Junction, District Hanumangarh for the offences punishable under Sections 332 and 353 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned Public Prosecutor has opposed the bail application. 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.
4. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vedpal S/o Sh. Balram Godara shall be released on bail in connection with FIR No.830/2022 of P.S. Hanumangarh Junction, District Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-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.
Granting bail based on the totality of the facts and circumstances of the case under Section 439 Cr.P.C.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, taking into account the circumstances of the case.
Grant of bail based on the triability of the alleged offences by a Magistrate
The court may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, taking into account the overall circumstances of the case.
The court granted bail to the accused petitioners under Section 439 Cr.P.C. based on the fact that the alleged offences were triable by Magistrate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
