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.

Headnote:
Bail - Criminal Law - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. based on the consideration of the facts and circumstances of the case, without commenting on the merits of the case.
Fact of the Case:

The accused-petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No. 220/2018, Police Station Taranagar (Churu), for various offenses under the Indian Penal Code.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: The issue was whether the accused-petitioner should be granted bail in connection with the mentioned offenses.
Ratio Decidendi: The court considered the arguments advanced and the material available on record, and based on the facts and circumstances of the case, granted bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and it was ordered that the accused-petitioner shall be enlarged on bail upon fulfilling the specified conditions.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 220/2018, Police Station Taranagar (Churu), for the offences punishable under Sections 148, 365, 395, 396, 325, 302, 323, 149 I.P.C.

2. Learned counsel for the petitioner submits that according to the statement of the injured, specific allegation for inflicting injury has been assigned to Rajaendra Singh @ Raja, who has already been enlarged on bail by the Coordinate Bench of this Court. Counsel further submits that similarly situated co-accused Krishan Kumar & Vinod Kumar have already been enlarged on bail and the case of present petitioner is not distinguishable from those of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has 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 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Jaideep @ Saimond S/o Hari Singh shall be enlarged on bail in F.I.R. No. 220/2018, Police Station Taranagar (Churu) provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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