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.

Headnote:
Bail Application - Offences under IPC and POCSO Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances.
Fact of the Case:

The petitioner was arrested in connection with FIR No.295/2021 for offences under Sections 363, 366-a, 376-D, 342, 506 of IPC and Section 5(G)/6 of POCSO act, 2012. The main allegation was upon another individual for committing rape, while the petitioner was alleged to have dropped the prosecutrix and helped in booking a room.
Finding of the Court:

The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances, and without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C. in connection with serious offences under IPC and POCSO Act.
Ratio Decidendi: The court deemed 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, considering the totality of the facts and circumstances.
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.295/2021 of Police Station Dechu, District Jodhpur for the offences punishable under Sections 363, 366-a, 376-D, 342, 506 of IPC and Section 5(G)/6 of POCSO act, 2012. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has pointed out the conclusion in the charge-sheet arrived at by the investigating officer, in which, the main allegation is upon Prithviraj Singh, who alleged to have committed rape. Learned counsel further submits that the allegation upon Padam Singh and one Manohar Singh is that Padam Singh dropped the petitioner and the prosecutrix in his car to Jodhpur and went back and Manohar Singh helped them for booking a room.

4. Learned Public Prosecutor 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 Padam Singh S/o Jaswant Singh, shall be released on bail in connection with FIR No.295/2021 of Police Station Dechu, 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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