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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Jagmal - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous 2nd Bail Application No. 16773 of 2021
Decided On : 15-12-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the delay in filing the FIR, the lack of explanation for the delay by the prosecutrix, and the fact that the petitioner was in judicial custody with the trial expected to take a long time. The court emphasized the need for a just and proper decision without commenting on the merits of the case.
Fact of the Case:
The petitioner was arrested in connection with FIR No.118/2021 for offences under Sections 450 and 376(1) of IPC. The first bail application was dismissed as withdrawn, allowing for a fresh application post-challan submission.
Finding of the Court:
The court considered the arguments and material on record, noting the significant delay in filing the FIR and the absence of an explanation from the prosecutrix, leading to the decision to grant bail.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case, including the delay in filing the FIR and the current status of the trial.
Ratio Decidendi: The court held that the delay in lodging the FIR and the lack of explanation for it were significant factors in favor of granting bail, alongside the fact that the petitioner was in judicial custody and the trial would take considerable time.
Result: The second bail application was allowed, and the petitioner was granted bail upon furnishing a personal bond and sureties.
JUDGMENT
Manoj Kumar Garg, J. - This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.118/2021, Police Station Suhagpura, Distt. Pratapgarh for the offence under Sections 450, 376(1) of IPC.
2. The first bail application of the petitioner was dismissed as withdrawn vide order dt. 23.11.2021 with liberty to file fresh bail application after filing of the challan.
3. Learned counsel for the petitioner submits that the FIR was lodged after about three months of the incident. No explanation for this delay has been given by the prosecutrix. If anything happened, it was with the consent of the prosecutrix. Now, challan of the case has already been presented. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the arguments advanced before me and gone through the material available on record.
6. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
7. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Jagmal S/o Shri Shantilal shall be enlarged on bail in FIR No.118/2021, Police Station Suhagpura, Distt. Pratapgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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.
The court may grant bail based on the facts and circumstances of the case, without commenting 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.
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 bail can be granted under Section 439 Cr.P.C. when circumstances such as compromise between parties and prolonged judicial custody are present, without delving into the mer....
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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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