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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
UMA SHANKER VYAS, J.
Gangaram and others - Petitioners
Versus
State Of Rajasthan and others - Respondents
S.B. Criminal Miscellaneous Bail Application No. 13041 of 2023
Decided on : 02-11-2023
| Table of Content |
|---|
| 1. bail application details and charges. (Para 1) |
| 2. argument for innocence and need for bail. (Para 2) |
| 3. opposition to bail application. (Para 3) |
| 4. court's consideration for granting bail. (Para 4) |
| 5. order for bail with conditions. (Para 5) |
JUDGMENT :
Mr. Uma Shanker Vyas, J. - This bail application has been filed by petitioners under Section 439 Cr.P.C. seeking regular bail in FIR No.131/2023 registered at Police Station Borada, District Kekdi for the offence(s) under Section(s) 143, 323, 341 & 307 read with Section 34 IPC.
2. Learned counsel for petitioners submits that accused-petitioners are innocent and they have been falsely implicated in this case. He further submits that it a case of version and cross-version. He also submits that accused-petitioners have been in judicial custody since long and the conclusion of the trial will take long time, hence petitioners may be enlarged on bail.
3. Learned Public Prosecutor appearing for the State as well as the learned counsel for complainant(s) have opposed the bail application.
4. Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge petitioners on bail.
5. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners 1.Gangaram S/o Kanaram & 2.Manu @ Dhanraj S/o Ramkaran shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that petitioners shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
A court can grant bail under Section 439 Cr.P.C. by considering the duration of judicial custody and potential trial delays, without addressing case merits.
The court established that bail can be granted under Section 439 Cr.P.C. when circumstances such as compromise between parties and prolonged judicial custody are present, without delving into the mer....
The completion of investigation and the existence of a prima facie case were key factors in granting bail to the petitioners.
The court established that bail can be granted under Section 439 Cr.P.C. when the accused's prolonged detention is unjustified, emphasizing the right to a fair trial.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The principle of parity in bail applications mandates that similarly situated accused should be treated equally unless there are significant differences in their cases.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
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