Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2041

RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Jagdish - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 15030 of 2021
Decided On : 21-12-2021

Advocates appeared:
Nemi Devi Vishnoi, Advocate, Mukhtiyar Khan, Advocate

The court established that the grant of bail is appropriate when the trial is likely to be lengthy and when co-accused have been granted similar relief, emphasizing the importance of equal treatment in bail matters.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the circumstances of the case, including the granting of bail to a co-accused, the filing of the charge-sheet, and the anticipated length of the trial. The court emphasized that the decision was made without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner, Jagdish, filed a bail application while in judicial custody for offences under Sections 420, 406, 120B of the IPC, Section 3/4 of the Rajasthan Public Examination Act, and Section 66D of the IT Act, related to F.I.R. No.370/2021.
Finding of the Court:

The court noted that a co-accused had been granted bail and that the charge-sheet had been filed. It determined that the trial would take a long time, justifying the acceptance of the bail application.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case and the status of co-accused.
Ratio Decidendi: The court's decision was based on the principle that bail can be granted when the trial is expected to be prolonged and when similar relief has been granted to co-accused, without delving into the merits of the case.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and surety bonds.

JUDGMENT

Devendra Kachhawaha, J. - Mrs. Nemi Devi Vishnoi, wife of the petitioner, present-in-person.

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.370/2021, Police Station Chopasani Housing Board, District Jodhpur, registered for the offence punishable under Sections 420, 406 & 120B of the Indian Penal Code and Section 3/4 of Rajasthan Public Examination act and Section 66D of the IT act.

2. Heard. Perused the material available on record.

3. The charge-sheet has been filed in this matter; offences are triable by Magistrate; benefit of bail has been granted to co-accused Chandra Bhakar.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that benefit of bail has been granted by this Court to co-accused Chandra Bhakar vide order dated 28.10.2021 (Bail application No.14856/2021); charge-sheet has been filed in this matter; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the petitioner - Jagdish S/o Thakra Ram, arrested in connection with F.I.R. No.370/2021, Police Station Chopasani

7. Housing Board, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the 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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