Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2673

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Bhairon Nath & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15207 of 2022
Decided On : 14-12-2022

Advocates Appeared:
DS Gharsana, Advocate, Anita Gehlot, Advocate, RS Gill, Advocate

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.

Headnote:
Bail Application - Compromise and Bail under Section 439 Cr.P.C. - The court granted bail to the accused petitioners based on the compromise reached between the petitioners and the complainant, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioners were arrested for various offences under the IPC and filed a bail application under Section 439 Cr.P.C. claiming false implication and citing a compromise with the complainant.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners based on the totality of the facts and circumstances, considering the compromise and the likelihood of a lengthy trial.
Issues: Bail application under Section 439 Cr.P.C. based on false implication and compromise with the complainant.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. based on the compromise and the likelihood of a lengthy trial, 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 petitioners were directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.282/2022 of Police Station Kotgate, Bikaner for the offences punishable under Sections 452, 308, 325, 323, 341, 427, 24 of the IPC. They have preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is further submitted that compromise has been arrived at between the petitioners and the complainant and now complainant does not want any legal proceedings against them. The accused-petitioners are in judicial custody and the trial of the case will take long time to be concluded. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. Learned counsel for the complainant has not disputed the fact of compromise.

5. 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 petitioners under Section 439 Cr.P.C.

6. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners, (1)Bhairon Nath S/o Rameshwar Nath, and (2) Panna Nath S/o Fusa Nath shall be released on bail in connection with FIR No.282/2022 of Police Station Kotgate, Bikaner provided each of them 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 their 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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