Granting 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.

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

The petitioner filed a 2nd bail application under Section 439 Cr.P.C. after the dismissal of the first bail application. The charge-sheet in the case has been filed, and the trial is expected to take a long time.
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 petitioner under Section 439 Cr.P.C.
Issues: Enlargement on Bail, Charge-sheet filed, Lengthy trial duration
Ratio Decidendi: The court considered the totality of the facts and circumstances, including the filing of the charge-sheet and the expected lengthy trial duration, in granting bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The 2nd bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Vinit Kumar Mathur, J. - The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.284/2021, Police Station Sardarpura, District Jodhpur for the offence punishable under Section 392/34 of IPC.

2. The first bail application of the petitioner was dismissed on 17/01/2022 by this Court.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

4. It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the charge-sheet in the case has been filed. The offences are triable by Magistrate. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

5. Learned Public Prosecutor opposes the bail application. 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 petitioner under Section 439 Cr.P.C.

6. accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Pinu Pandit @ Prithvi S/o Satyanarayan Valmiki, shall be released on bail in connection with FIR No. 284/2021, Police Station Sardarpura, District Jodhpur provided he furnishes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

7. However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency will be extended to the petitioner in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police Station of the area where the petitioner resides.

8. a copy of this order be sent to the local police station where the petitioner resides.

9. It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.

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