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KULDEEP MATHUR
Mohsim Ali @ Mohsin – Appellant
Versus
State of Rajasthan – Respondent
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.233/2022, Police Station Sadar, Nagaur for the offences under Sections 457 and 380 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; 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 Mohsim Ali @ Mohsin S/o Shri Munir Khan, arrested in connection with FIR No.233/2022, P.S. Sadar, Nagaur shall be released on bail; provided he executes personal bond in the sum of
The court may grant bail based on the consideration of the triability of the offence, the petitioner's custody, and the expected duration of the trial, without expressing any opinion on the merits of....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offence(s) by Magistrate.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
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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