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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Aman Sanjari – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14890 of 2022
Decided On : 09-12-2022
Bail Application - Offences under IPC and Arms Act - The court granted bail to the accused-petitioner based on the consideration of the facts and circumstances of the case, without commenting on the merits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for offences under IPC and Arms Act. The petitioner argued that the injuries to the victim were non-vital and that the trial would take a long time.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offences and the circumstances of the case.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant 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
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.418/2022, Police Station Kotwali, District Banswara for the offences punishable under Sections 341, 307/34, 115-II, 411, 465 & 467 of the IPC and Section 3/25 of the Arms Act.
2. Learned counsel for the petitioner submits that injured received injuries on the non-vital parts of his body and a specific allegation for using firearm is levelled against co-accused. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the prayer for bail.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Aman Sanjari S/o Abdul Raees Shaikh, shall be enlarged on bail in F.I.R. No.418/2022, Police Station Kotwali, District Banswara provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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 has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.
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.
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 accused persons 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.
The court may grant bail based on the consideration of the facts and circumstances of the case, without commenting on the merits of the case.
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