Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2163

RAJASTHAN HIGH COURT
Anoop Kumar Dhand, J.
Shailender Kumar & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 16179 of 2021
Decided On : 02-12-2021

Advocates appeared:
VK Bhadu, Advocate, Laxman Solanki, Advocate, Kuldeep Sharma, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. when the majority of charges are bailable and the case is at a stage where a charge-sheet has been submitted.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - This judgment discusses the granting of bail under Section 439 of the Cr.P.C. for offences under the IPC, emphasizing that while one charge is non-bailable, the others are bailable and the case is triable by a First Class Magistrate. The court's decision to grant bail was influenced by the submission of the charge-sheet and the overall circumstances of the case, without delving into the merits of the allegations.
Fact of the Case:

The bail application was filed by the petitioners in connection with FIR no.603/2021, where they were charged with multiple offences under the IPC, including one non-bailable offence.
Finding of the Court:

The court found that the majority of the charges were bailable and that the case was triable by a First Class Magistrate. The submission of the charge-sheet was also a significant factor in the court's decision.
Issues: Whether the petitioners are entitled to bail given the nature of the charges and the submission of the charge-sheet.
Ratio Decidendi: The court held that the presence of bailable offences and the procedural stage of the case justified the granting of bail, emphasizing the importance of not prejudging the merits of the case.
Result: The bail application was allowed, and the petitioners were granted bail on the condition of furnishing personal bonds and sureties.

JUDGMENT

Anoop Kumar Dhand, J. - This bail application under Section 439 Cr.P.C. is filed by petitionerd in connection with FIR no.603/2021, registered at Police Station Sangaria, District Hanumangarh, wherein they were charged for offences punishable under Sections 452, 323, 324, 341, 504/34 IPC.

2. Learned counsel for the petitioner submits that except Section 452 of the IPC, rest of the offences are bailable and charge-sheet has been submitted. The alleged offence is triable by First Class Magistrate.

3. Per contra, learned Public Prosecutor as well as learned counsel appearing for the complainant have opposed the bail application.

4. Looking to the totality of the facts and circumstances of the case and the fact that the charge-sheet has been submitted for the offence triable by court of First Class Magistrate, without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence to the petitioners by enlarging him on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners (1) Shailender Kumar S/o Rakesh Kumar (2) Rakesh Kumar S/o Sohan Lal and (3) Subhash Chander S/o Sohan Lal arrested in connection with F.I.R. No.603/2021, Police Station Sangaria, District Hanumangarh, may be released on bail; provided they furnish personal bonds of Rs.50,000/- each with two sureties of like amount to the satisfaction of 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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