The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case.

JUDGMENT

Rameshwar Vyas, J. - S.B. Criminal Misc. Bail Application No. 4733/2022

1. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 110/2022 registered at Police Station Suratgarh City, District Sriganganagar for the offence under Section 3/25 of Arms Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submits that offence alleged against the petitioner under Section 3/25 of the Arms Act, 1959 is punishable with imprisonment for seven years. The petitioner is not a previously convict. He further submits that the petitioner is behind the bar since 08.03.2022. The investigation has been completed and the trial of the case may take sufficient long time to complete. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.

4. On the other hand, learned Public Prosecutor has opposed the bail application.

5. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

6. Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Rohit Kumar @ Rohitash S/o. Hariram arrested in connection with F.I.R. No. 110/2022 registered at Police Station Suratgarh City, District Sriganganagar shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

S.B. Criminal Miscellaneous Bail Application No. 6229/2022

7. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 110/2022 registered at Police Station Suratgarh City, District Sriganganagar for the offence under Section 5/25 of Arms Act.

8. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

9. Learned counsel for the petitioner submits that offence alleged against the petitioner under Section 5/25 of the Arms Act, 1959 is punishable with imprisonment for seven years. The petitioner is not a previous convict. He further submits that the petitioner is behind the bar since 11.03.2022. The investigation has been completed and the trial of the case may take sufficient long time to complete. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.

10. On the other hand, learned Public Prosecutor has opposed the bail application.

11. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

12. Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Sonu @ Swaran Singh S/o. Gurucharan arrested in connection with F.I.R. No. 110/2022 registered at Police Station Suratgarh City, District Sriganganagar shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.