Shrawan Singh @ Sarwan Singh vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2633

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Shrawan Singh @ Sarwan Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous II Bail Application No. 14537 of 2022
Decided On : 19-12-2022

Advocates Appeared:
R.S. Choudhary, Advocate, S.K. Bhati, Advocate

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with an FIR for offences under Sections 363, 366(A), 457, 506 of IPC. The first bail application was dismissed, and the victim's statement was recorded before the Court.
Finding of the Court:

The court found it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C, considering the length of the trial and the totality of the facts and circumstances of the case.
Issues: The issues involved the examination of the victim's statement, material contradictions, improvements, and omissions in her statement, and the length of the trial.
Ratio Decidendi: The court granted bail to the accused petitioner without expressing any opinion on the merits of the case, based on the totality of the facts and circumstances.
Final Decision: The second 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 FIR No. 102/2022 of Police Station Bajju, District Bikaner for the offence punishable under Sections 363, 366(A), 457, 506 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. The first bail application was dismissed as not pressed vide order dated 16.08.2022 by this Court with liberty to file a fresh bail application after recording the statement of prosecutrix.

3. Learned counsel for the petitioner submits that victim has been examined before the Court as PW-1 and according to her statement, she went along with the petitioner at her own free will. Counsel further submits that there are material contradictions, improvements and omissions in her statement. The accused-petitioner is behind the bars since 20.04.2022 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.

4. 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.

5. Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Shrawan Singh @ Sarwan Singh S/o Shri Loon Singh Sodha Rajput, shall be released on bail in connection with FIR No.102/2022 of Police Station Bajju, District Bikaner 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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