The main legal point established is that bail can be granted under Section 439 of the Cr.P.C. based on the trial duration and the nature of the offence.

Headnote:
Bail - Criminal Law - The court granted bail to the petitioner under Section 439 of the Cr.P.C. for the offence under Section 379 IPC, considering the trial duration and the fact that the offence is triable by Magistrate.
Fact of the Case:

The petitioner filed an application for bail under Section 439 of the Cr.P.C. in connection with an offence under Section 379 IPC. The petitioner argued that the offence is triable by Magistrate, the challan has been filed, and the trial will take a long time.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner, considering the facts and circumstances of the case.
Issues: The issue was whether the petitioner should be granted bail in connection with the offence under Section 379 IPC, considering the trial duration and the fact that the offence is triable by Magistrate.
Ratio Decidendi: The court considered the trial duration, the fact that the offence is triable by Magistrate, and the facts and circumstances of the case in granting bail to the petitioner.
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.179/2022, Police Station Mundwa, Nagaur for the offence under Section 379 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 the offence alleged against the petitioner is triable by Magistrate; challan has already been filed; petitioner is behind the bars and trial will take sufficiently long time. Therefore, the petitioner may be enlarged on bail.

4. Learned Public Prosecutor vehemently opposed this bail application.

5. 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.

6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Ameen Khan S/o Shri Bhanwaru Khan, arrested in connection with FIR No.179/2022, P.S. Mundwa, Nagaur 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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