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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Gajendra Singh @ Gajju – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14709 of 2022
Decided On : 19-12-2022
Bail Application - Arms Act - The court allowed the bail application under Section 439 Cr.P.C. and ordered the accused-petitioner to be enlarged on bail upon furnishing a personal bond and sureties.
Fact of the Case:
The accused-petitioner filed a bail application under Section 439 Cr.P.C. for the offence(s) under Section 3/25 of Arms Act, stating that the case against him is false and exclusively triable by the court of Magistrate.
Finding of the Court:
The court, after considering the arguments of the parties and the overall facts and circumstances of the case, deemed it just and proper to grant bail to the accused-petitioner.
Issues: The main issue was whether the accused-petitioner should be granted bail in connection with the alleged offences under the Arms Act.
Ratio Decidendi: The court's decision was influenced by the arguments of the parties and the overall facts and circumstances of the case, leading to the grant of bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Farjand Ali, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Gajendra Singh @ Gajju S/ o Sohan Singh. The petitioner has been arrested in connection with FIR No. 42/2020 registered at Police Station Salasar, District Churu for the offence(s) under Section 3/25 of Arms Act.
2. Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. The accused-petitioner has nothing to do with the alleged offences. The case is exclusively triable by the court of Magistrate. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case.
3. Per contra, learned Public Prosecutor has vehemently opposed the bail application.
4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
The court may grant bail considering the trial timeline and the nature of the offences, even without expressing an opinion on the merits/demerits of the case.
The court established that bail can be granted when the accused has been in custody for a significant period, the trial is expected to be lengthy, and the offences are triable by a Magistrate.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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