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

Headnote:
Bail - Criminal Law - The court allowed the bail application filed by the accused-petitioner in connection with FIR No.194/2022, registered at Police Station Lohariya, District Banswara for offences punishable under Sections 447, 354 and 376/511 IPC.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. stating innocence and false implication in the case. The Public Prosecutor opposed the bail application.
Finding of the Court:

The court, without expressing any opinion on merits/demerits of the case, granted bail to the accused-petitioner considering the facts and circumstances of the case.
Issues: The main issue was the grant of bail to the accused-petitioner who was arrested in connection with the mentioned FIR.
Ratio Decidendi: The court's decision was influenced by the petitioner's claim of innocence, the opposition by the Public Prosecutor, and the consideration of the facts and circumstances of the case.
Final Decision: The bail application filed by the petitioner was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.194/2022, registered at Police Station Lohariya, District Banswara for offences punishable under Sections 447, 354 and 376/511 IPC.

2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the case diary made available to the Court by learned Public Prosecutor, in compliance of the order dated 13.01.2023 passed by a Coordinate Bench of this Court.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and has falsely been implicated in this case. The petitioner is behind the bars since 22.12.2022 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioner.

4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

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

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Shanker Lal S/o Lalu arrested in connection with FIR No.194/2022, registered at Police Station Lohariya, District Banswara shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.

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