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2023 Supreme(Raj) 1048
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Ashok – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 130 of 2023
Decided On : 06-01-2023
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
CRIMINAL PROCEDURE CODE : S.439
INDIAN PENAL CODE : S.120(b), S.147, S.148, S.149, S.307, S.323, S.325, S.341, S.395, S.397
Headnote
Bail - Criminal Law - Regular bail granted to accused under Section 439 Cr.P.C.
Fact of the Case:
The petitioner filed a bail application seeking regular bail for various offenses under IPC and Arms Act. The petitioner argued that a co-accused had already been granted bail and the trial would take a long time.
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 circumstances of the case and the arguments presented by the petitioner and the public prosecutor.
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 under Section 439 Cr.P.C.
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.
Ashok Bishnoi, Advocate, S.K. Mehar, Advocate
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. 441/2022 registered at Police Station Phalodi, District Jodhpur for the offences punishable under Sections 147, 148, 323, 325, 341, 307, 395, 397/120-B, 149 of IPC and Section 5/27 of Arms Act.
2. Counsel for the petitioner submits that similarly situated co-accused Opa Ram @ Opi Babal 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 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.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. 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.
5. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Tikam Ram shall be released on bail in connection with FIR No. 441/2022 registered at Police Station Phalodi, District Jodhpur 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.
