Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1063

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Nenu Devi – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 31 of 2023
Decided On : 04-01-2023

Advocates Appeared:
Narpat Singh Rajpurohit, Advocate, MA Siddiqui, Advocate, AR Malkani, Advocate

The court has the discretion to grant bail to an accused petitioner 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 Application - Grant of Bail to Accused Petitioner - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances.
Fact of the Case:

The petitioner was arrested in connection with multiple offences and preferred a bail application under Section 439 Cr.P.C. citing the lengthy trial process as a reason for bail.
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 under Section 439 Cr.P.C.
Issues: The primary issue was whether the accused petitioner should be granted bail considering the nature of the offences and the lengthy trial process.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.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 petitioner has been arrested in connection with F.I.R. No.69/2021 of Police Station Rohat, District Pali for the offence punishable under Sections 452, 427, 420, 467, 468, 471, 120B IPC. She has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the petitioner is a lady and offences are triable by the 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 Additional Advocate General has 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Smt. Nenu Devi W/o Binja Ram, shall be released on bail in connection with FIR No.69/2021 of Police Station Rohat, District Pali provided she 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 her 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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