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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Aarif N Rasik – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 128 of 2023
Decided On : 06-01-2023
Bail Application - Regular Bail - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner filed a bail application seeking regular bail for offences punishable under Sections 420 and 406 of IPC. The petitioner cited the bail granted to a co-accused as a basis for the application.
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: The main issue was whether the accused petitioner should be granted bail considering the nature of the offences and the status of the trial.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioner.
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
Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 394/2022 registered at Police Station Kotwali, District Jalore for the offences punishable under Sections 420 and 406 of IPC.
2. Counsel for the petitioner submits that similarly situated co-accused Babu Lal has already been enlarged on bail by the co-ordinate Bench of this Court and the case of the present petitioner is similar to that of the co-accused. The offences alleged against the petitioner are triable by Magistrate. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application.
3. 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, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Aarif N Rasik S/o Nijammuddin shall be released on bail in connection with FIR No. 394/2022 registered at Police Station Kotwali, District Jalore 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.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
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.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
Grant of bail under Section 439 Cr.P.C. based on the nature of the offences and the time required for trial.
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