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MANOJ KUMAR GARG
Nathi Bai – Appellant
Versus
State Of Rajasthan – 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.82/2021, Police Station Kelwada, District Rajsamand, for the offences punishable under Sections 302, 201, 148, 115, 109 of IPC.
2. Counsel for the petitioner submits that similarly situated co-accused Prem Singh has already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to that of co-accused. Counsel further submits that petitioner is a lady. 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 Smt. Nathi Bai W/o Shri Heera S
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.
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.
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.
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 main legal point established in the judgment is the court's discretion to grant bail 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 facts and circumstances of the case, without commenting on the merits of the case.
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.
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