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MANOJ KUMAR GARG
Prem – Appellant
Versus
State – Respondent
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. 71/2022, Police Station Kotwali, Nagaur, for the offences punishable under Sections 420, 406 of I.P.C.
2. Learned counsel for the petitioner submits that the offences alleged to have been committed by the petitioner are triable by Magistrate. He further submits that similarly situated co-accused Ramchandra @ Ramesh has already been enlarged on bail by this Hon'ble Court and the case of present petitioner is not distinguishable from that 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.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
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 under Section 439 Cr.P.C. based on the totality of the facts and circumstances, 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, without expressing any opinion on the merits of the case.
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