The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for various offenses under IPC and arms act. The petitioner sought bail citing the release of similarly situated co-accused and the expected lengthy trial duration.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner.
Issues: The main issue was whether the accused petitioner should be granted bail considering the totality of the facts and circumstances of the case.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.123/2021, Police Station Kachola, District Bhilwara, for the offences punishable under Sections 452, 302/34, 120B, 212, 225 of IPC and Sections 3/25 & 4/25 of arms act.

2. Counsel for the petitioner submits that similarly situated co-accused Rajendra @ Rajesh, Suraj @ Suresh and Sheru have already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to that of co-accused. Counsel further submits that the main allegation has been levelled against the accused persons Kuldeep Singh and Tejandra @ Ranu. challan of the case has already been presented. The accused-petitioner is in judicial custody 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.

3. Learned Public Prosecutor vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances 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.

5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Hanuman S/o Shri Mahavir shall be released on bail in connection with FIR No. 123/2021, Police Station Kachola, District Bhilwara 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.

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