Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2276

RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Vikram Yadav & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 16758, 16759, 16760 of 2021
Decided On : 14-12-2021

Advocates appeared:
Naresh Singh, Advocate, Rakesh Arora, Advocate, Om Prakash Bishnoi, Advocate, Mohd. Javed Gauri, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate and when co-accused have been granted bail, reflecting the court's discretion in such matters.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners under Section 439 Cr.P.C., considering that the alleged offences are triable by a Magistrate and that co-accused have been granted bail. The decision reflects the court's discretion in bail matters, emphasizing the importance of the nature of the charges and the circumstances surrounding the case.
Fact of the Case:

The petitioners were arrested in connection with FIR No.396/2021 for multiple offences under the IPC, including theft and forgery. They applied for bail under Section 439 Cr.P.C.
Finding of the Court:

The court found that the offences alleged against the petitioners are triable by a Magistrate and noted that co-accused had already been granted bail. The court deemed it just to grant bail without commenting on the merits of the case.
Issues: Whether the petitioners are entitled to bail considering the nature of the offences and the fact that co-accused have been released on bail.
Ratio Decidendi: The court's decision to grant bail was based on the principle that the nature of the charges and the fact that the case is triable by a Magistrate warrant a favorable consideration for bail.
Result: The bail applications were allowed, and the petitioners were directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.396/2021 of Police Station Chopasani Housing Board District Jodhpur for the offence(s) punishable under Section(s) 379/411, 414, 420, 467, 468, 471, 474 & 120 B of IPC. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate. It is also submitted that the co-accused persons have already been enlarged on bail.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Vikram Yadav S/o Shri Rameshwar Yadav, Rajendra Yadav S/o Shri Ramchandra Yadav, and Jitendra Sharma @ Jeetu S/o Shri Mali Ram shall be released on bail in connection with FIR No.396/2021 of Police Station Chopasani Housing Board District Jodhpur provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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