The court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolonged proceedings.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the absence of previous criminal antecedents, the bail granted to co-accused persons, and the likelihood of prolonged proceedings.
Fact of the Case:

The petitioner was arrested in connection with FIR No.37/2022 for various offenses under the IPC. The petitioner filed a bail application under Section 439 Cr.P.C.
Finding of the Court:

The court granted bail to the accused petitioner, considering the absence of previous criminal antecedents, the bail granted to co-accused persons, and the likelihood of prolonged proceedings. The court did not express any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court deemed it just and proper to grant 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.
Final Decision: The bail application filed under Section 439 Cr.P.C was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

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

2. The petitioner has been arrested in connection with FIR No.37/2022 of Police Station asop, District Jodhpur for the offences punishable under Sections 143, 341, 365, 323, 325, 326 & 308 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner submits that there are no previous criminal antecedents of the present petitioner and the co-accused persons namely Koja Ram, Kailash and Gulab Ram have already been enlarged on bail by the learned trial Court vide order dated 12.05.2022. He further submits that the petitioner is in judicial custody, therefore, he prays that the petitioner be enlarged on bail.

4. Learned Public Prosecutor has vehemently 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 Rakesh S/o Durga Ram shall be released on bail in connection with FIR No.37/2022 of Police Station asop, District Jodhpur, 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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