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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Arjun Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 12586 of 2021
Decided On : 04-10-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the prolonged custody of the petitioner, absence of previous criminal antecedents, and the existence of a cross case, indicating that continued detention was not warranted at this stage.
Fact of the Case:
The petitioner was arrested in connection with FIR No.127/2020 for offences under Sections 143, 323, 341 IPC and sought bail after being in custody since 05.07.2021.
Finding of the Court:
The court noted the prolonged custody, lack of prior criminal history, and the existence of a cross case, concluding that the petitioner's continued detention was not justified.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case and the nature of the charges against him.
Ratio Decidendi: The court emphasized that the prolonged custody without prior criminal antecedents and the presence of a cross case warranted the granting of bail under Section 439 Cr.P.C.
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
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 petitioner has been arrested in connection with FIR No.127/2020 of Police Station Harsora, District Alwar, P.S. District Bhiwadi for the offences punishable under Sections 143, 323, 341 IPC. He has preferred this bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the charge-sheet in this case has already been filed. Learned counsel further submits that there is a cross case lodged by the petitioner's family, wherein there was a grievous injury. Learned counsel also submits that there are no previous criminal antecedents against the present petitioner and the petitioner is in custody since 05.07.2021.
5. Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application and submit that there is a grievous injury, which is dangerous to life.
6. Looking into the prolonged custody period of the petitioner and the fact that there are no previous criminal antecedents against the present petitioner and there is a cross case between the parties, this Court is of the opinion that at this stage, the custody of the petitioner 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 petitioner under Section 439 Cr.P.C.
8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Arjun Singh S/o Shri Puranmal shall be released on bail in connection with FIR No.127/2020 of Police Station Harsora, District Alwar, P.S. District Bhiwadi 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 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 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 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 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 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 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 established that prolonged custody without trial and the filing of a charge-sheet can warrant the granting of 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 the absence of allegations and prolonged 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'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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