The court's decision to grant bail was based on the totality of the facts and circumstances of the case, including the similarity to co-accused and the hostile nature of the eyewitnesses.

Headnote:
Bail Application - Grant of Bail - 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.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.202/2021, for various offences under the IPC. The petitioner argued similarity to co-accused who were already granted bail and highlighted that the eyewitnesses had turned hostile.
Finding of the Court:

The court found it just and proper to grant bail to the accused petitioner based on the totality of the facts and circumstances of the case.
Issues: The issues involved the grant of bail to the accused petitioner in connection with the mentioned FIR and the arguments presented by the petitioner and the Public Prosecutor.
Ratio Decidendi: The court considered the similarity to co-accused, the hostile nature of the eyewitnesses, and the totality of the facts and circumstances of the case in granting 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 fulfilling the specified 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.202/2021, Police Station Deogarh, District Rajsamand, for the offences punishable under Sections 147, 148, 149, 341, 302 & 34 of IPC.

2. Counsel for the petitioner submits that similarly situated co-accused Gopi Lal and Mahaveer Lal both have already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to the co-accused. Counsel further submits that all the four eye-witnesses namely Gotu Lal (PW-1), Kastor (PW-2), Suresh (PW-3) and Mema Devi (PW-4) have been examined before the trial Court and they have not supported the prosecution story and turned hostile. The accused-petitioner is in judicial custody since 04.05.2021 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. I have considered the arguments advanced before me and gone through the material available on record.

5. Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bastimal S/o Shri Naru Ji, shall be released on bail in connection with FIR No. 202/2021, Police Station Deogarh, District Rajsamand 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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