The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case without commenting on the merits of the case.

Headnote:
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the facts and circumstances of the case without commenting on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.55/2008 for offences under Sections 467, 468, 471, 120-B of IPC. The petitioner had been in judicial custody since 14.03.2022, and the trial was expected to take a long time.
Finding of the Court:

The court deemed it just and proper to release the petitioner on bail without commenting on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the facts and circumstances of the case and granted bail to the accused-petitioner without commenting 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 enlarged on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - Learned counsel for the petitioner has supplied certified copy of the impugned order. Hence, the defect pointed out by the office is hereby overruled.

2. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.55/2008, Police Station Jayal, Distt. Nagaur for the offence under Sections 467, 468, 471, 120-B of IPC.

3. Learned counsel for the petitioner submits that the offences alleged to have been committed by the petitioner are triable by Magistrate. It is further submitted that earlier, the police after thorough investigation submitted FR in this case. Later on, the trial court took cognizance against the petitioner and issued arrest warrant against him. In pursuance of the arrest warrant, the petitioner has been arrested. The petitioner is in judicial custody since 14.03.2022 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the arguments advanced before me and gone through the material available on record.

6. 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.

7. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Hari Ram S/o Dana Ram shall be enlarged on bail in FIR No.55/2008, Police Station Jayal, Distt. Nagaur 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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