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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Rambharos & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11901, 16139 of 2021
Decided On : 05-10-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners under Section 439 Cr.P.C. due to the absence of previous criminal antecedents, the filing of the charge-sheet, and the nature of the dispute arising from a land altercation, indicating that continued custody was not warranted at this stage.
Fact of the Case:
The petitioners were arrested in connection with FIR No.206/2021 for offences under Sections 341, 323, 307, 34 IPC, following a land dispute that led to a physical altercation. They applied for bail after being in custody for varying durations.
Finding of the Court:
The court noted the absence of previous criminal records for the petitioners, the filing of the charge-sheet, and the existence of a cross case, concluding that their continued custody was not justified.
Issues: Whether the petitioners should be granted bail considering the circumstances of the case, including the nature of the charges and their criminal history.
Ratio Decidendi: The court emphasized that the totality of circumstances, including the nature of the dispute and the lack of prior criminal records, warranted the granting of bail under Section 439 Cr.P.C.
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
Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. This Court perused the material available on record.
3. The petitioners have been arrested in connection with FIR No.206/2021 of Police Station Chhipabarod, District Baran for the offences punishable under Sections 341, 323, 307, 34 IPC. They have preferred these bail applications under Section 439 Cr.P.C.
4. Learned counsels for the petitioners submit that the charge-sheet in this case has already been filed and petitioner-Rambharos & Latorlal are in custody since 14.07.2021, and petitioner-Manbhar Bai is in custody since before 22.09.2021. Learned counsels further submit that there was certain land dispute between the parties and there is a cross case as well. Learned counsels also submit that there are no previous criminal antecedents of the present petitioners.
5. Learned Public Prosecutor vehemently opposed the bail application.
6. Looking into the fact that the present dispute arose on account of sudden altercation happened in relation to certain land dispute between the parties, as also the fact that the charge-sheet in this case has already been filed, there is a cross case, and there are no previous criminal antecedent of the petitioner, this Court is of the opinion that at this stage, the custody of the petitioners in this case is not warranted.
7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
8. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Rambharos S/o Late Ramchandra (2) Latorlal S/o Late Chhitarlal and (3) Manbhar Bai W/o Rambharos shall be released on bail in connection with FIR No.206/2021 of Police Station Chhipabarod, District Baran provided each of them execute 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 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.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that continued custody is not necessary, particularly in cases with no prior criminal history ....
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the ....
The court established that prolonged custody without prior criminal history and the existence of a cross case can justify the granting of bail under Section 439 Cr.P.C.
The court established that in bail applications, the duration of custody and the nature of the charges are critical factors, and mere allegations without substantial evidence do not justify continued....
The court established that under Section 439 Cr.P.C., bail may be granted when the duration of custody is excessive and the trial is expected to take a significant amount of time.
The court established that the duration of custody and the filing of a charge-sheet are critical factors in deciding bail applications under Section 439 Cr.P.C.
The court established that prolonged custody without trial and the filing of a charge-sheet can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
The court has the discretion to grant bail based on the totality of the facts and circumstances, without expressing an opinion on the merits of the case.
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