The court may grant bail to an accused under Section 439 Cr.P.C. based on the circumstances and without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Regular Bail - 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 fact that the co-accused had already been granted bail.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for grant of regular bail in connection with FIR No. 131/2014 for various offenses under the Indian Penal Code.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused-petitioner, considering the fact that the co-accused had already been granted bail.
Issues: The main issue was whether the accused-petitioner should be granted bail in connection with the FIR.
Ratio Decidendi: The court decided to grant bail to the accused-petitioner under Section 439 Cr.P.C. based on the fact that the co-accused had already been granted bail, without expressing any opinion on the merits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Rameshwar Vyas, J. - The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 131/2014 registered at Police Station Bichhawal, District Bikaner for offences punishable under Sections 302, 307, 323, 341, 147, 148, 149 and 120-B of Indian Penal Code.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the petitioner submits that as per prosecution story co-accused Bhanwar Lal gave an information to the effect that the present petitioner made available pistol and cartridges to Jagdish and others for committing murder of anandpal Singh in jail. The conspiracy to commit murder of anandpal Singh and Balveer Banura was made by Om Prakash with others. Learned counsel for the petitioner submits that Om Prakash and Bhanwar Lal have already been enlarged on bail.

4. Other co-accused namely Hanuman Jakhar, Dheeraj Sharma, Manoj Ola and Bhanwar Chhapara have also been released on bail. There is no justification to keep the present petitioner in custody, who is behind the bars since 21.3.2016. Challan has already been filed and trial may take time to conclude. In the above circumstances, learned counsel for the petitioner prays to grant bail application.

5. On the other hand, learned Public Prosecutor has opposed the bail application.

6. Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the fact of grant of bail to the co-accused, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

7. accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Shankar @ Sandeep, who is in custody in connection with FIR No. 131/2014 registered at Police Station Bichhawal, District Bikaner, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.

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