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.

Headnote:
Bail - Criminal Law - The court allowed the bail application filed by the accused-petitioner under Section 439 Cr.P.C. in connection with FIR No.187/2021, registered for offences punishable under Sections 302 and 201 IPC, considering the circumstances and without expressing any opinion on the merits/demerits of the case.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.187/2021, registered for offences punishable under Sections 302 and 201 IPC.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, allowed the bail application filed by the petitioner, considering the circumstances.
Issues: Bail application under Section 439 Cr.P.C. for offences punishable under Sections 302 and 201 IPC.
Ratio Decidendi: The court considered the circumstances and without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner.
Final Decision: The bail application filed by the accused-petitioner was allowed, and it was ordered that the accused-petitioner shall be enlarged on bail upon furnishing the specified bond and sureties.

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.187/2021, registered at Police Station Sadar, District Banswara for offences punishable under Sections 302 and 201 IPC.

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

3. Learned counsel for the petitioner submitted that co-accused namely Smt. Manisha has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 02.01.2023 in S.B. Criminal Misc. Bail Application No.15385/2022 and the case of present petitioner is not distinguishable from that of the case of Smt. Smt. Manisha. The petitioner is in judicial custody 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 Kanji S/o Shambu Machhar arrested in connection with FIR No.187/2021, registered at Police Station Sadar, 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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