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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Sanjeev Prakash Sharma, J.
Ajay Kumar - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 14825/2021
Decided On : 18-10-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 438 CrPC, emphasizing the importance of the petitioner’s cooperation in the investigation and the deposit of the amount. The court outlined specific conditions for bail, reflecting the balance between the rights of the accused and the interests of justice.
Fact of the Case:
The petitioner filed a bail application under Section 438 CrPC in connection with FIR No.307/2021 for offences under Section 409 IPC, after his initial bail application was dismissed by the lower court.
Finding of the Court:
The court considered the overall circumstances, including the deposit of the amount and the petitioner's cooperation with the investigation, and allowed the bail application.
Issues: Whether the petitioner is entitled to bail under Section 438 CrPC given the circumstances of the case and the nature of the charges.
Ratio Decidendi: The court determined that the petitioner’s cooperation in the investigation and the deposit of the amount warranted the granting of bail, while imposing conditions to ensure compliance and prevent interference with the investigation.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon furnishing a personal bond and sureties, subject to specific conditions.
JUDGMENT
The bail application has been filed under Section 438 CrPC. in connection with FIR No.307/2021 registered at Police Station Khairthal District Bhiwadi for the offences under Section 409 of IPC whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, the bail application has been filed.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.
Taking into consideration the overall aspects and that the amount has already been deposited and the petitioner has joined investigation but without commenting further on merits, this bail application filed under Section 438 CrPC is allowed and it is directed that in the event of arrest of petitioner- Ajay Kumar S/o Mohan Lal in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 20,000/- with two sureties of the like amount to his satisfaction on the following conditions:
i) That the petitioner shall make himself available for interrogation by a police officer, as and when required;
ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer;
iii) That the petitioner shall not leave India without previous permission of the court;
iv) That the petitioner shall not commit any offence similar to the offence of which he is accused or suspected.
AI
The court established that bail under Section 438 CrPC can be granted when the accused demonstrates cooperation with the investigation and when the interests of justice are served by such a decision.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
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.
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