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.

Headnote:
Bail Application - Section 439 Cr.P.C. - The court granted bail to the accused petitioner based on the consideration of the facts and circumstances of the case, 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.15/2019 for various offenses including those under IPC and Arms Act. The petitioner cited the release of co-accused and the lengthy trial process as grounds for bail.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused petitioner based on the consideration of the rival submissions, facts, and circumstances of the case.
Issues: The main issue was whether the accused petitioner should be granted bail considering the circumstances of the case and the opposition from the Public Prosecutor.
Ratio Decidendi: The court's decision was influenced by the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, and the submission from both the petitioner's counsel and the Public Prosecutor.
Final Decision: The bail application filed by the petitioner was allowed, and the accused petitioner was ordered to be enlarged on bail upon furnishing the specified 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.15/2019, registered at Police Station Kotwali Nimbahera, District Chittorgarh for offences punishable under Sections 147, 148, 341, 323, 325, 307 IPC and under Section 3/25 of Arms Act.

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 persons of FIR No.15/2019 have already been enlarged on bail by the competent criminal court below. Learned counsel further submitted that challan has already been filed. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, 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 Devi Lal S/o Bheru Lal arrested in connection with FIR No.15/2019, registered at Police Station Kotwali Nimbahera, District Chittorgarh 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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