The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.

Headnote:
Bail - Arms Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner filed a second bail application after being arrested in connection with an offence punishable under Section 5/25 of the arms act. The first bail application was dismissed by the Court.
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 under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail considering the nature of the offence and the stage of the trial.
Ratio Decidendi: The court considered the fact that the offence is triable by Magistrate, the challan of the case has already been presented, and the trial is expected to take a long time to be concluded as reasons to grant bail to the accused petitioner.
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 executing a personal bond and sureties to the satisfaction of the learned trial court.

JUDGMENT

Manoj Kumar Garg, J. - The present second bail application has been filed by the petitioner. The petitioner has been arrested in connection with FIR No.150/2021 of Police Station Karwad, District Jodhpur, for the offence punishable under Section 5/25 of the arms act. He has preferred this bail application under Section 439 Cr.P.C. The first bail application was dismissed by the Court as not press at this stage vide order dated 23.03.2022.

2. Learned counsel for the petitioner submits that offence is triable by Magistrate and challan of the case has already been presented. The accused-petitioner is in judicial custody 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 has opposed the bail application. 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.

4. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner abdul Khan S/o Shri Babu Khan, shall be released on bail in connection with FIR No.150/2021 of Police Station Karwad, District Jodhpur , provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- 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 and if the petitioner repeats the offence of similar nature then learned Public Prosecutor shall file an application for cancellation of bail.

Click Here to Read the rest of this document