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KULDEEP MATHUR
Samu Devi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.11/2023, registered at Police Station RICCO, Abu Road, District Sirohi, for offence punishable under Section 19/54 Rajasthan Excise Act.
2. Learned counsel for the petitioner submits that offence alleged to have been committed by the petitioner is triable by Magistrate. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application. 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.
4. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Samu Devi W/o Sh. Biram Ram arrested in connection with F.I.R. No.11/2023, registered at Police Station RICCO, Abu Road, District Sirohi, shall be released on bail, if
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 court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
Granting bail based on the alleged offence(s) being triable by Magistrate and without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. 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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