MANOJ KUMAR GARG
Mangi Devi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with FIR No.121/2022, Police Station Sadar, District Barmer registered for the offence punishable under Sections 341, 323, 308 and 379/34 of the Indian Penal Code.
2. Learned counsel for the petitioner submits that according to the injury report of the injured Sunita, she received one injury on her head and as per X-Ray report, the injury is found to be simple in nature; petitioner is a lady and she is in the judicial custody; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor and learned counsel appearing on behalf of the complainant have vehemently opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. accordingly, the bail application under Section
Grant of bail based on injury report and circumstances of the case
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case.
The court considered specific allegations and the extent of injury in deciding on the grant of bail.
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