The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.

Headnote:
Bail - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioners were arrested in connection with FIR No. 180/2021 for the offence punishable under Sections 306, 323, 341 & 34 of IPC. They applied for bail citing lack of evidence and the expected lengthy trial duration.
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 petitioners under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioners should be granted bail considering the facts and circumstances of the case.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioners under Section 439 Cr.P.C.
Final Decision: The bail applications filed under Sec.439 Cr.P.C. were allowed, and it was directed that the petitioners shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioners has been arrested in connection with FIR No. 180/2021 of Police Station Kurabad, District Udaipur, for the offence punishable under Sections 306, 323, 341 & 34 of IPC.

2. They have preferred these bail applications under Section 439 Cr.P.C.

3. Learned counsel for the petitioners submits that there is no evidence against the petitioners for abatement to commit suicide and the challan of the case has already been presented. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

4. Learned Public Prosecutor has opposed these bail applications.

5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

6. accordingly, these bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Pratapi Bai W/o Gaurishankar Ji, (2) Kalu @ Kallu S/o Ganesh Lal, (3) Raju S/o Ganesh Lal and (4) Shanti Lal S/o Gorishankar, shall be released on bail in connection with FIR No.180/2021 of Police Station Kurabad, District Udaipur, provided they execute a personal bond in a sum of Rs.1,00,000/-each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their 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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