The main legal point established in the judgment is the court's discretion to grant bail based on the totality of the facts and circumstances of the case, the custody period of the accused, and the assurance given by their counsel, without expressing any opinion on the merits of the case.

JUDGMENT

Pushpendra Singh Bhati, J. - This Court perused the material available on record.

2. The petitioners have been arrested in connection with FIR No. 113/2022 of Police Station Sardarpura, Jodhpur City West for the offences punishable under Sections 147, 148, 149, 323, 341, 153A, 160, 332, 353 IPC and Section 3 of PDPP Act. They have preferred these bail applications under Section 439 Cr.P.C.

3. Learned counsel for the petitioners submit that the petitioners have no previous criminal antecedents except for Tosif, who has one case under Section 324 IPC and Haider Ali @ Pida, who has one case under Sections 147, 148 & 149 IPC; furthermore, the present petitioners have completed custody of almost one month.

4. Learned counsel assure the Court that in case they are released on bail, they shall not cause any law and order situation and also undertakes that in case any repeat of the incidents, the petitioners may be made liable to be viewed seriously by the prosecution and the Courts.

5. Learned Public Prosecutor as well as learned counsel for the complainant however, vehemently oppose the bail applications, but are unable to point out any specific role attributed to the present petitioners though there are omnibus allegations against them pertaining to their participation in the mob and also pelting stones, but no particular role in any particular incident has been attributed to the present petitioners.

6. Any specific injury or any kind of specific overt act is not attributed to the present petitioners except for Danish, who has been attributed with the role of breaking the vehicles.

7. The factual report submitted by learned Public Prosecutor is taken on record.

8. Looking into the custody period of the petitioners and the assurance given by learned counsel for the petitioners, this Court is of the opinion that at this stage, the custody of the petitioners in this case is not warranted.

9. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

10. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Danish Saifi S/o. Shri Sabir Saifi, (2) Umar Farukh @ Pahul Khan S/o. Shri Abdul Rahuf, (3) Salmaan S/o. Shri Mehmud Khan, (4) Haider Ali Urf Pida S/o. Sher Mohammed, (5) Sohil S/o. Shri Mohd. Nasir, (6) Tosif Khan @ T.k. S/o. Firoj Khan, (7) Abid Khan S/o. Mohammad Jakir and (8) Firoj Khan S/o. Shri Bundu Khan shall be released on bail in connection with FIR No. 113/2022 of Police Station Sardarpura, Jodhpur City West provided each of them execute a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- (to be furnished by petitioners' family members) each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

11. However, in case any law and situation is created by the petitioners in future, the prosecution shall be free to move an application for cancellation of bail granted to them.