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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Suresh Kumar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 15305 of 2021
Decided On : 02-12-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail to petitioner No.2, Bhagirathram, based on the nature of the injury reported as simple and the prolonged judicial custody. The court emphasized the importance of not commenting on the merits of the case while considering the circumstances surrounding the bail application.
Fact of the Case:
The bail application was filed under Section 439 Cr.P.C. for the petitioners arrested in connection with FIR No.376/2021 for various offences under IPC, including attempted murder.
Finding of the Court:
The court found that the injury inflicted by petitioner No.2 was simple in nature and noted the lengthy duration of judicial custody, leading to the decision to grant bail.
Issues: Whether the petitioner No.2, Bhagirathram, should be granted bail considering the nature of the injury and the time spent in custody.
Ratio Decidendi: The court determined that the nature of the injury and the duration of custody justified the granting of bail, without delving into the merits of the case.
Result: The bail application for petitioner No.2 was allowed, subject to the condition of furnishing a personal bond and sureties.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.376/2021, Police Station Sanchore, Distt. Jalore for the offence under Sections 341, 323, 325, 307/34 of IPC.
2. Learned counsel for the petitioner does not want to press the present bail application qua petitioner No.1-Suresh Kumar at this Stage. Accordingly, the criminal bail application qua petitioner No.1 is dismissed as not pressed at this stage.
3. So far as petitioner No.2-Bhagirathram is concerned, learned counsel submits that an allegation has been levelled against the petitioner No.2 that he inflicted injury on left arm of the injured, but according to the injury report, the injury received by the injured on left arm is found to be simple in nature. The petitioner No.2 is in judicial custody since his arrest and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
4. Learned Public Prosecutor has opposed the bail application of petitioner No.2.
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 No.2 on bail.
7. Accordingly, the bail application qua petitioner No.2 is allowed and it is ordered that the accused-petitioner No.2 Bhagirathram S/o Mafaram shall be enlarged on bail in FIR No.376/2021, Police Station Sanchore, Distt. Jalore 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 the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail based on injury report and circumstances of the case
The court has the discretion to 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 to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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.
The court considered specific allegations and the extent of injury in deciding on the grant of bail.
The court has the discretion to 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 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....
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