Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2232

RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Dinesh Gurjar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 13126 of 2021
Decided On : 22-10-2021

Advocates appeared:
Narendra Singh Rajpurohit, Advocate, Mukhtiyar Khan, Advocate

The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the nature of the offences, the fact that co-accused were granted bail, and the anticipated delay in trial. The court emphasized the importance of equal treatment in bail applications and the presumption of innocence until proven guilty.
Fact of the Case:

The petitioner, Dinesh Gurjar, filed a bail application while in judicial custody for offences under Sections 380 and 457 of the IPC, related to F.I.R. No.270/2021. The petitioner argued for bail based on the fact that co-accused had been granted bail and that the trial would take time.
Finding of the Court:

The court noted that the offences were triable by a First Class Magistrate and that other co-accused had been granted bail. The court found that the trial would take a significant amount of time, which justified granting bail to the petitioner.
Issues: Whether the petitioner is entitled to bail considering the nature of the charges, the status of co-accused, and the expected duration of the trial.
Ratio Decidendi: The court held that the grant of bail should be consistent among co-accused and that the presumption of innocence should prevail, especially in cases where the trial is expected to be prolonged.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Devendra Kachhawaha, J. - 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.270/2021, Police Station Kotwali, District Pali, registered for the offence punishable under Sections 380 and 457 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that offences are triable by Magistrate; benefit of bail has been granted to other co-accused persons, namely, Bhatraj @ Bhatia and Vinod Kumar; 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.

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

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; benefit of bail has been granted to other co-accused persons namely, Bhatraj @ Bhatia and Vinod Kumar by this Court vide order dated 13.09.2021; 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.

6. Consequently, the bail application is allowed. It is ordered that the petitioner - Dinesh Gurjar S/o Kalu Ram Gurjar, arrested in connection with F.I.R. No.270/2021, Police Station

7. Kotwali, District Pali, 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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