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MANOJ KUMAR GARG
Muni Ram Nayak – Appellant
Versus
State Of Rajasthan – 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.01/2022, Police Station Nokha, District Bikaner for the offences under Sections 363, 366-a of IPC.
2. Learned counsel for the petitioner submits that according to the statement of the prosecutrix recorded under Section 164 Cr.P.C., she went with the petitioner out of her own free will and roamed with the petitioner at many places. Prosecutrix further submits that she solemnized marriage with the petitioner in a temple. 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 t
The court grants bail to the petitioner in a case involving offences under Sections 363, 366, 376(N) IPC, Section 5(L)/6 of the POCSO act.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing opinion 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.
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