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MANOJ KUMAR GARG
Sanjay Mali – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 81/2022 of Police Station Kotwali Nimbahera, District Chittorgarh for the offence punishable under Sections 143, 323 & 307 of IPC and Section 3/25 of the arms act. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the Police recorded the statement of the present petitioner, in which F.I.R. was registered. But later on the Police implicated the present petitioner as an accused, whereas the present petitioner himself fired on his body and received injuries. 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 has 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 p
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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.
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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.
The court may grant bail based on the consideration of the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.
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 has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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