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.

Headnote:
Bail - Criminal Law - The court allowed the bail application under Section 439 Cr.P.C. for the accused-petitioner who had been arrested in connection with F.I.R. No.183/2022, registered at Police Station Shastri Nagar, Jodhpur, for various offenses under the IPC.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested in connection with F.I.R. No.183/2022 for multiple offenses under the IPC. The petitioner argued that similarly situated co-accused had already been granted bail by Co-ordinate Benches of the Court.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, found that the bail application filed by the petitioner deserved to be accepted and consequently allowed the bail application under Section 439 Cr.P.C.
Issues: The main issue was whether the accused-petitioner should be granted bail in connection with the offenses under F.I.R. No.183/2022, considering the arguments presented by the petitioner and the opposition by the Public Prosecutor.
Ratio Decidendi: The court's decision was influenced by the arguments presented by the petitioner regarding the bail granted to similarly situated co-accused and the length of the trial, without expressing any opinion on the merits/demerits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and it was ordered that the accused-petitioner shall be released on bail upon fulfilling the specified conditions.

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.183/2022, registered at Police Station Shastri Nagar, Jodhpur, for the offences punishable under Sections 221, 222, 223, 224, 225, 166A & 120-B IPC.

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

3. Learned counsel for the petitioner submits that similarly situated co-accused Ramkishore (CRLMB No.10246/2022), Radhey Shyam (CRLMB No.9703/2022), Narendra Kumar (CRLMB No.10994/2022), Sukhveer Singh (CRLMB No.10957/2022) have already been enlarged on bail by Co-ordinate Benches of this Court vide orders dated 17.08.2022 and 23.08.2022 respectively and the case of present petitioner is not distinguishable to those of the co-accused. The petitioner is in judicial custody and trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

4. Learned Public Prosecutor has vehemently opposed the bail application.

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 under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ramniwas S/o Sh. Mangla Ram arrested in connection with F.I.R. No.183/2022, registered at Police Station Shastri Nagar, Jodhpur, shall be released 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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