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.

Headnote:
Bail Application - Offences under IPC - Grant of bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for offences under Sections 420, 467, 468, 471 & 120-B of IPC. The petitioner sought bail citing similar bail granted to co-accused and the expected lengthy trial duration.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Grant of bail based on the totality of the facts and circumstances of the case, and the expected lengthy trial duration.
Final Decision: The bail application filed under Sec.439 Cr.P.C. is allowed, and the petitioner is directed to be released on bail upon fulfilling specified conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 574/2019 of Police Station Kotwali Banswara, District Banswara, for the offence punishable under Sections 420, 467, 468, 471 & 120-B of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that offences are triable by Magistrate and similarly situated co-accused Pawan Kumar, Rajmal, Naresh Kumar, Gautam Lal, Shrawan Kumar, Mohanlal and Vinod have been enlarged on bail and the case of present petitioner is similar to that of co-accused. 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 vehemently 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 petitioner Sanjay Kumar Damor S/o Laxman Damor shall be released on bail in connection with FIR No.574/2019 of Police Station Kotwali Banswara, District Banswara, 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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