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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Laxman & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13523 of 2022
Decided On : 06-12-2022
Bail Application - Offence under Sections 341, 323, 336, 307/34 of IPC - The court granted bail to petitioner No.1 but dismissed the bail application for petitioner No.2 with liberty to file a fresh application after recording statements of injured and Doctor.
Fact of the Case:
The petitioners were arrested in connection with an FIR for various offences under the IPC. The bail application was filed under Section 439 Cr.P.C.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to petitioner No.1 and dismissed the bail application for petitioner No.2 with liberty to file a fresh application after recording statements of injured and Doctor.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case, and dismissing the bail application for petitioner No.2 with liberty to file a fresh application after recording statements of injured and Doctor.
Final Decision: Bail application filed under Sec.439 Cr.P.C. is partly allowed for petitioner No.1 and dismissed for petitioner No.2 with liberty to file a fresh application after recording statements of injured and Doctor.
JUDGMENT
Manoj Kumar Garg, J. - The petitioners have been arrested in connection with FIR No.129/2022 of Police Station Ramsagda, Distt. Dungarpur for the offence punishable under Sections 341, 323, 336, 307/34 of IPC. They have preferred this bail application under Section 439 Cr.P.C.
2. Counsel for the petitioner No.1 Laxman, submits that present petitioner gave only fist blows to the injured. Challan of the case has been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has 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 partly allowed and it is directed that petitioner No.1-Laxman S/o Hira, shall be released on bail in connection with FIR No. 129/2022 of Police Station Ramsagda, Distt. Dungarpur 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.
6. So far as Petitioner No.2 Harish is concerned, Counsel for the petitioner does not want to press the bail application and seeks liberty to file a fresh bail application after recording the statements of injured and Doctor.
7. Hence, the bail application filed by the petitioner is hereby dismissed as not pressed with liberty as prayed for qua Petitioner No.2 Harish.
8. The trial Court is directed to record the statements of injured and Doctor as early as possible.
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 after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
The court has the discretion to grant bail to the accused 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 may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
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