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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Bagaram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15222 of 2022
Decided On : 15-12-2022
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested for multiple offences and filed a bail application under Section 439 Cr.P.C. claiming false implication and delay in lodging the FIR.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances.
Issues: The issues involved the petitioner's alleged false implication and the delay in lodging the FIR.
Ratio Decidendi: The court's decision was influenced by the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.147/2022 of Police Station Bagora, District Jalore for the offences punishable under Sections 365, 384, 342, 376, & 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no allegation is levelled against him. It is further submitted that the statement of prosecutrix was recorded under Section 164 Cr.P.C. in which she did not name the present petitioner. It is also submitted that the FIR was lodged after 7 days from the date of incident. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bagaram S/o Premaram shall be released on bail in connection with FIR No.147/2022 of Police Station Bagora, District Jalore 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.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C based on totality of facts and circumstances, without expressing opinion on case merits.
Granting 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 may grant bail to the accused based on a compromise with the complainant and the likelihood of a lengthy trial, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
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