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RAJASTHAN HIGH COURT
Narendra Singh Dhaddha, J.
Shubham - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 18161, 18162, 18246, 18247, 18372, 18373, 18375 of 2021
Decided On : 15-11-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioners arrested for offenses under Sections 420, 120B IPC and Section 4B of the Rajasthan Public Examination (Use of Unfair Means) Act, 1992, considering the prolonged detention and the need for a fair trial without expressing an opinion on the merits of the case.
Fact of the Case:
The petitioners were arrested in connection with FIR No.387/2021 for offenses related to cheating and conspiracy, as well as unfair means in public examinations. They claimed wrongful implication and sought bail due to prolonged detention.
Finding of the Court:
The court found it just and proper to grant bail, taking into account the circumstances of the case and the lengthy trial process, without commenting on the merits of the case.
Issues: Whether the petitioners should be granted bail considering their prolonged detention and the nature of the charges against them.
Ratio Decidendi: The court emphasized the importance of personal liberty and the right to a fair trial, allowing bail under Section 439 Cr.P.C. when the circumstances warrant it.
Result: The bail applications were allowed, and the petitioners were ordered to be released on bail upon furnishing a personal bond and sureties.
JUDGMENT
Narendra Singh Dhaddha, J. - The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.387/2021 Registered at Police Station Chiksana, District Bharatpur for the offence(s) under Sections 420, 120B of IPC and Section 4B Rajasthan Public Examination (Use of Unfair Means) Act, 1992.
2. Counsel for the petitioners submits that the petitioners have been wrongly implicated in this case. Petitioners are behind the bars since long. Conclusion of trial may take long time.
3. Learned Public Prosecutor has opposed the bail applications.
4. Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
5. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Shubham S/o Chandreshekhar Vaishy, Arun S/o Shri Vinod Jat, Manisha W/o Inderjeet, Rajesh Kumar S/o Kailaram, Trilok S/o Samay Singh Gurjar, Pradeep S/o Gordhan Singh Gurjar, Pintu Kumar S/o Ramesh Chand Gurjar, Inderjeet Singh S/o Mohan Singh Gurjar and Vishnu S/o Kishan Singh shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
6. A copy of this order be placed in connected files.
The court established that bail can be granted under Section 439 Cr.P.C. when the accused's prolonged detention is unjustified, emphasizing the right to a fair trial.
The court considered the adverse impact on the accused petitioner's studies due to prolonged custody as a ground for granting bail.
The court established that bail can be granted under Section 439 Cr.P.C. based on the circumstances of the case, including the length of time the trial may take and the nature of the charges.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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