Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offences under IPC - Grant of bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioners were arrested for offences under Sections 307, 143, 341, 323 and 382 IPC. The bail application was filed under Section 439 Cr.P.C, claiming false implication and absence of grievous injury on the victim's vital body parts.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances.
Issues: The main issue was the grant of bail to the accused petitioners who were in judicial custody for the mentioned offences.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C, considering the totality of the facts and circumstances.
Final Decision: The bail application filed under Sec.439 Cr.P.C was allowed, and the accused petitioners were directed to be released on bail upon fulfilling the specified conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.710/2022 of Police Station Sumerpur, District Pali for the offences punishable under Sections 307, 143, 341, 323 and 382 IPC. They have preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioners submits that the accused-petitioners have falsely been implicated in this case. It is further submitted that there is no grievous injury on vital parts of the body of the injured. The accused-petitioners are in judicial custody since long and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

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

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners, (1) Prateek S/o Subhash Chandra, (2) Prateek S/o Suresh Kumar, (3) Surjeet Singh S/o Murlidhar, (4) Vishal S/o Mahipal, and (5) Dinesh Kumar S/o Krishan Kumar shall be released on bail in connection with FIR No.710/2022 of Police Station Sumerpur, District Pali provided each of them executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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