Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2652

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Bhomaram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15400 of 2022
Decided On : 15-12-2022

Advocates Appeared:
Pankaj Kumar Gupta, Advocate, Anita Gehlot, Advocate, Bhoop Singh, Advocate

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.

Headnote:
Bail Application - Offences under IPC - Grant of bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for offences under Sections 143, 384, 427, 435, 307, 509 IPC. The petitioner filed a bail application under Section 439 Cr.P.C, claiming false implication and lack of mention in the FIR.
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 issues involved the petitioner's alleged false implication, lack of mention in the FIR, and the seriousness of the offences under IPC.
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 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.326/2022 of Police Station Pachpadra, District Barmer for the offences punishable under Sections 143, 384, 427, 435, 307, 509 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. It is further submitted that no injury has been caused to anyone, therefore, the offence under Section 307 IPC is not made out against the petitioner. It is also submitted that petitioner’s name is not mentioned in the FIR. 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.

3. Learned Public Prosecutor as well as learned counsel for the complainant 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bhomaram S/o Nenaram shall be released on bail in connection with FIR No.326/2022 of Police Station Pachpadra, District Barmer 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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