Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1841

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Kailashi - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 8181/2021
Decided On : 07-07-2021

Advocates appeared:
Mr. Yogesh Singhal, Advocate, for the Petitioner; Mr. Ramesh Choudhary, PP, for the Respondent

The court established that bail can be granted when the accused has been in custody for a significant period, the trial is expected to be lengthy, and the offences are triable by a Magistrate.

Headnote:
BAIL - ARMS ACT - The court granted bail under Section 439 Cr.P.C. considering the nature of the offences, the duration of judicial custody, and the time required for trial, emphasizing that the offences are triable by a Magistrate and a charge-sheet has been filed, which influenced the decision to allow bail.
Fact of the Case:

The petitioner is in judicial custody related to F.I.R. No.190/2021 for offences under Section 3/25 of the Arms Act. The petitioner has been in custody for two months, and the trial is expected to take a significant amount of time.
Finding of the Court:

The court noted that the offences are triable by a First Class Magistrate and that a charge-sheet has been filed. The court considered the length of time the petitioner has already spent in custody and the potential delay in the trial.
Issues: Whether the petitioner is entitled to bail considering the nature of the charges, the duration of custody, and the pending trial.
Ratio Decidendi: The court determined that the circumstances, including the fact that the offences are triable by a Magistrate and the filing of a charge-sheet, warranted the granting of bail without delving into the merits of the case.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and surety bonds.

JUDGMENT

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.190/2021, Police Station Roopwas, District Bharatpur, registered for the offence punishable under Section 3/25 of the Arms Act.

Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars from last two months; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application and stated that earlier 18 other cases were registered against the accused-petitioner.

In reply, learned counsel for the petitioner stated that out of the 18 cases, 9 cases were decided and most of the cases were almost 10-20 years old.

Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; and charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the petitioner Kailashi S/o Bijendra Singh Gujrar arrested in connection with F.I.R. No.190/2021, Police Station Roopwas, District Bharatpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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