Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2274

RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Kajali Devi - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 13781 of 2021
Decided On : 20-12-2021

Advocates appeared:
Mohan Lal, Advocate, S.K. Bhati, Advocate, L.K. Ramdhari, Advocate

Bail can be granted under Section 439 Cr.P.C. when the totality of circumstances, including the nature of allegations and the existence of a compromise, warrant such a decision.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. after considering the totality of circumstances, including the alleged falsehood of accusations, a compromise between parties, and the filing of a charge-sheet, without expressing an opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.69/2021 for offenses under Section 376(D) IPC and Section 66(e) of the IT Act. The petitioner applied for bail, claiming the allegations were false and that a compromise had been reached between the parties.
Finding of the Court:

The court noted the opposition from the Public Prosecutor but acknowledged the verification of the compromise by the complainant's counsel. The court decided to grant bail based on the circumstances presented.
Issues: Whether the petitioner should be granted bail considering the allegations, the compromise, and the stage of the trial.
Ratio Decidendi: The court emphasized the importance of the totality of circumstances in bail applications, allowing bail when the allegations are disputed and a compromise exists.
Result: The bail application was allowed, and the petitioner was 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.69/2021 of Police Station Raisinghnagar, Distt. Sri Ganganagar for the offence(s) punishable under Section(s) 376(D) IPC and Section 66(e) of the IT Act.

3. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

4. Learned counsel for the petitioner has submitted that allegations levelled against the petitioner are absolutely false. It is further submitted that the matter has already been compromised between the parties. It is also submitted that charge-sheet has been filed and trial of the case is likely to take time.

5. Learned Public Prosecutor has opposed the bail application, however, learned counsel for the complainant has verified the factum of compromise.

6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

7. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) ? Kajali Devi @ Kamli Devi W/o Sh. Budh Ram shall be released on bail in connection with FIR No.69/2021 of Police Station Raisinghnagar, Distt. Sri Ganganagar provided he/she/they execute(s) a personal bond in the 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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