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2023 Supreme(Online)(RAJ) 17262
HIGH COURT OF RAJASTHAN
MANOJ KUMAR GARG
ARSHAD @ ARSADIYA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/15426/2022
An accused may be granted bail under Section 439 Cr.P.C. if the court is satisfied that there are reasonable grounds to believe that he is not guilty of the offence charged or that he is not likely to commit any offence while on bail.
Headnote:
BAIL - SECTION 439 CRPC - CO-ACCUSED ALREADY ENLARGED ON BAIL - NO INJURY CAUSED - ACCUSED IN CUSTODY SINCE 16.06.2022 - BAIL GRANTED
Fact of the Case:
The petitioner was arrested in connection with FIR No.389/2022 for offences punishable under Sections 307, 327, 387, 34 and 120-B of IPC and Section 25(6) of Arms Act. The petitioner filed a bail application under Section 439 Cr.P.C., arguing that no one was injured in the incident, that similarly situated co-accused had already been granted bail, and that he had been in judicial custody since 16.06.2022.
Finding of the Court:
The court noted that the petitioner had been in custody since 16.06.2022 and that the trial of the case would take a long time to conclude. The court also considered the fact that similarly situated co-accused had already been granted bail.
Issues: Whether the petitioner should be granted bail under Section 439 Cr.P.C.
Ratio Decidendi: The court held that it was just and proper to grant bail to the petitioner, considering the totality of the facts and circumstances of the case.
Final Decision: The court allowed the bail application and directed that the petitioner be released on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15426/2022
Arshad @ Arsadiya S/o Rajjak, Aged About 20 Years, R/o Ward
No.31, Bukalsarbaas, Sardarshar Town, Tehsil Sardarshar,
District Churu. (At Present Lodged At Jail, Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. S.K. Verma
For Respondent(s)
:
Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
05/01/2023
The petitioner has been arrested in connection with FIR
No.389/2022 of Police Station Sardarshahar, Distt. Churu for the
offence punishable under Sections 307, 327, 387, 34 and 120-B of
IPC and Section 25(6) of Arms Act. He has preferred this bail
application under Section 439 Cr.P.C.
Counsel for the petitioner submits that no one has injured in
this case and the similarly situated co-accused Shahrukh @ Mantri
and Imran have already been enlarged on bail and the case of the
present petitioner is not distinguishable from that of co-accused.
The accused-petitioner is in judicial custody since 16.06.2022 and
the trial of the case will take sufficient long time to be concluded.
Therefore, the benefit of bail should be granted to the accused-
petitioner.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances
(2 of 2)
[CRLMB-15426/2022]
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Arshad @ Arsadiya S/o
Rajjak, shall be released on bail in connection with FIR
No.389/2022 of Police Station Sardarshahar, Distt. Churu provided
he executes a personal bond in a sum of Rs.1,00,000/- with two
sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
158-Ishan/-
