MANOJ KUMAR GARG
Aamin – 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 FIR No.24/2022, Police Station Deedwana for the offence under Sections 143, 308, 323, 325, 341 & 504 IPC.
2. Learned counsel for the petitioner submits that the present case is a cross-case in which injuries have been received by both sides. It can not be ascertained at this stage as to which of the side was the aggressor. It is further stated that grievous injuries sustained by the complainant party are on the non-vital part of the body and the doctor has specifically mentioned that no injury is found to be dangerous to life. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant have vehemently opposed the bail application and submit that two injured received head injuries and challan of the case has not been presented before the competent court. In these circumstances, the petitioner may not be released on bail.
4. I have consider
The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case.
Grant of bail based on injury report and circumstances of the case
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 based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered specific allegations and the extent of injury in deciding on the grant of bail.
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
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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