Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1011

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, J.
Shambhu Singh @ Shambuda – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 427 of 2023
Decided On : 11-01-2023

Advocates Appeared:
Jai Kishan Rankawat, Advocate, Shrawan Bishnoi, Advocate

Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C, considering the totality of the facts and circumstances of the case and without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for offences under Sections 341, 323, and 395 IPC 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.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was 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.352/2022 of Police Station Bheem, District Rajsamand for the offences punishable under Sections 341, 323 and 395 IPC. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that co-accused Mahipal Singh @ Khatri has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 20.12.2022 and the case of the petitioner is not distinguishable from that of co-accused person.

4. Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that co-accused Mahipal Singh @ Khatri has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 20.12.2022 and the case of the petitioner is not distinguishable from that of co-accused person.

5. 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.

6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Shambhu Singh @ Shambuda S/o Chhog Singh shall be released on bail in connection with FIR No.352/2022 of Police Station Bheem, District Rajsamand 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.

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