The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.

Headnote:
Bail - Criminal Procedure Code - Summary
Fact of the Case:

The petitioner filed an application for bail under Section 439 of the Cr.P.C. in connection with FIR No.41/2022 for offenses under Sections 420, 306, 384, and 120-B IPC. The petitioner argued that a co-accused had already been granted bail by the court.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: The main issue was whether the petitioner should be granted bail despite the serious nature of the offenses.
Ratio Decidendi: The court considered the facts and circumstances of the case and the fact that a co-accused had already been granted bail, and decided to allow the bail application.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was ordered to be released on bail upon executing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Kuldeep Mathur, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.41/2022, Police Station Merta G.R.P., District GRP Jodhpur for the offences under Sections 420, 306, 384 and 120-B IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

3. Learned counsel for the petitioner submitted that co-accused Rahul Khan has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 09.02.2023 in S.B. Criminal Misc. 2nd Bail Application No.1589.

4. For ready reference, the order dated 09.02.2023 is reproduced as under:-

"This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.41/2022,Police Station Merta G.R.P. Distt. G.R.P. Jodhpur Metro for the offence under Sections 420, 306, 384, 120-B of IPC.

The first bail application of the petitioner was dismissed by this Court vide order dt. 23.11.2022 as not pressed.

Learned counsel for the petitioner submits that challan of the case has already been presented and no investigation is pending. It is further contended that there is no evidence of abetment to commit suicide against the petitioner. 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.

Learned Public Prosecutor has opposed the bail application.

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

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.

Accordingly, the criminal misc. second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rahul Khan @ Hugli S/o Swaroop Khan shall been larged on bail in FIR No.41/2022, Police Station Merta G.R.P. Distt. G.R.P. Jodhpur Metro provided he furnishes a personal bondin 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."

5. Learned counsel for the petitioner submitted that the case of the petitioner is not distinguishable with that of the case of the co- accused who has already been enlarged on bail. Therefore, the petitioner may also be enlarged on bail.

6. Learned Public Prosecutor vehemently opposed this bail application.

7. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

8. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Rehman Khan @ Rahmu S/o Shri Hari Singh, arrested in connection with FIR No.41/2022, P.S. Merta G.R.P., District G.R.P. Jodhpur shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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