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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Ashok Kumar & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 12245, 12271, 12937, 14183 of 2021
Decided On : 06-10-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the petitioners' custody duration and the fact that the charge-sheet had been filed, indicating that continued custody was not warranted at this stage. The court emphasized the need for caution and the likelihood of prolonged proceedings, thus allowing bail while ensuring the petitioners' appearance at trial.
Fact of the Case:
The petitioners were arrested in connection with FIR No.15/2021 for offences under Sections 489-B and 489-C IPC and had been in custody since 10.07.2021. A charge-sheet had been filed against them.
Finding of the Court:
The court found that the petitioners' continued custody was not warranted given the duration of their detention and the filing of the charge-sheet, leading to the conclusion that bail should be granted.
Issues: Whether the petitioners should be granted bail considering their custody period and the status of the charge-sheet.
Ratio Decidendi: The court held that the length of custody and the filing of the charge-sheet were significant factors in determining the appropriateness of bail under Section 439 Cr.P.C.
Result: The bail application was 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.15/2021 of Police Station SOG, District Jaipur for the offences punishable under Sections 489-B, 489-C IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsels for the petitioners as well as learned counsel for the complainant submit that the petitioners are in custody since 10.07.2021 and the charge-sheet against all the present petitioners has been chalked out.
5. Learned counsels for the petitioners further submit that the allegation against the present petitioners is of recovery of the currency, but not printing thereof.
6. Learned Public Prosecutor though oppose the bail applications, but submits that the charge-sheet in this case has already been chalked out.
7. Looking into the custody period of the petitioners and the fact that the charge-sheet in this case has already been chalked out, this Court is of the opinion that at this stage, the custody of the petitioners in this case is not warranted.
8. 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.
9. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Ashok Kumar S/o Sh. Rugharam Bagaria (2) Ramnath S/o Tulsaram Bijarnia (3) Asif Khan S/o Liyakat and (4) Mohammad Rafiq Son Of Murad Khan shall be released on bail in connection with FIR No.15/2021 of Police Station SOG, District Jaipur provided he executes 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 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 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 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 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 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 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.
The court may grant bail to an accused petitioner based on the totality of the facts and circumstances, the grant of bail to similarly situated persons, and the filing of the charge-sheet, without ex....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the absence of allegations and prolonged custody, justify such a decision.
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....
Granting bail based on the totality of facts, similar bail granted to co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
The court's decision to grant bail was based on the totality of the facts and circumstances of the case, the filing of the charge-sheet, and the likelihood of the proceedings taking some time.
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