Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2686

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Pushpendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15269 of 2022
Decided On : 13-12-2022

Advocates Appeared:
Vineet Jain, Advocate, Ashok Kumar Panwar, Advocate, Vikram Sharma, Advocate

Grant of bail under Section 439 Cr.P.C based on totality of facts and circumstances, without expressing opinion on case merits.

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

The petitioner has been arrested for offences under Sections 147, 148, 149, 323, 307, 452 IPC and has filed a bail application under Section 439 Cr.P.C, claiming false implication and lack of specific allegations against him.
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 revolved around the petitioner's alleged false implication and the need for bail due to prolonged judicial custody and trial duration.
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 specified conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.137/2022 of Police Station Babalwada, District Udaipur for the offences punishable under Sections 147, 148, 149, 323, 307, 452 IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that specific allegation of causing injuries to injured-Kamlesh was levelled against main accused Dilip and Sunil and no specific allegation was made against the present petitioner of causing any grievous injury to the injured. The accused-petitioner is in judicial custody since long and the trial of the case will take long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor 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 Pushpendra Kumar S/o Magan shall be released on bail in connection with FIR No. 137/2022 of Police Station Babalwada, District Udaipur 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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