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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, J.
Narendra Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 104 of 2023
Decided On : 10-01-2023
Prevention of Corruption Act - Bail Application - 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 7 and 7-A of Prevention of Corruption (Amendment) Act, 2018 and Section 120-B IPC. He 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, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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.476/2022 of Police Station CPS ACB Jaipur, District ACB Ajmer for the offences punishable under Sections 7 and 7-A of Prevention of Corruption (Amendment) Act, 2018 and Section 120-B IPC. 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 - Narendra Singh S/o Late Shri Karni Singh shall be released on bail in connection with FIR No.476/2022 of Police Station CPS ACB Jaipur, District ACB Ajmer 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.
The court established that under Section 439 Cr.P.C., bail may be granted when the investigation is complete and the trial is expected to be lengthy, balancing the rights of the accused with the judi....
The court established that prolonged detention without ongoing investigation and the potential delay in trial can be grounds for granting bail under Section 439 Cr.P.C.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
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 has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the ....
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