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MANOJ KUMAR GARG
Bastimal – Appellant
Versus
State – Respondent
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
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.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court has the discretion to grant bail 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.
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