Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1047

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Lal Shankar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 129 of 2023
Decided On : 06-01-2023

Advocates Appeared:
Jai Naveen, Advocate, Vikas Bijarnia, Advocate, S.K. Mehar, Advocate

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.

Headnote:
Bail - Offences under Sections 366 and 376 of IPC - Grant of bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner filed a bail application seeking regular bail for offences under Sections 366 and 376 of IPC. The prosecutrix was major and resided with the petitioner for about three days without raising any alarm. The trial was expected to take a long time to conclude.
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 the grant of bail to the accused petitioner for serious offences under Sections 366 and 376 of IPC.
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. 36/2022 registered at Police Station Patiya, District Udaipur for the offences punishable under Sections 366 and 376 of IPC.

2. Counsel for the petitioner submits that the prosecutrix was major and she resided with the petitioner for about three days and during this period, she did not raise any hue and cry. Challan of the case has already been presented and no investigation is pending against the petitioner. 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 Lal Shankar S/o Hakra shall be released on bail in connection with FIR No. 36/2022 registered at Police Station Patiya, District Udaipur 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.

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