The court may grant bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.

Headnote:
BAIL - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for various offenses including those under IPC and POCSO act. The prosecutrix's statement did not level any allegations against the petitioner, stating harassment by her parents instead.
Finding of the Court:

The court found it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

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

2. The petitioner has been arrested in FIR No.43/2022 of Police Station anadra, District Sirohi for the offences punishable under Sections 363, 366, 344, 376(2) & 120B IPC and Sections 5(L)/6, 16/17 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner has shown this Court the statement of the prosecutrix rendered under Section 161 Cr.P.C. in which she has not levelled any allegation against the present petitioner and has in fact deposed that she was fed up of harassment caused by her parents, particularly her father, who is a drunkard. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned additional advocate General has opposed the bail application.

5. 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 petitioner under Section 439 Cr.P.C.

6. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Suresh Kumar S/o Sh. Kalaramji shall be released on bail in connection with FIR No.43/2022 of Police Station anadra, District Sirohi provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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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