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VIJAY BISHNOI
Dinesh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
2. The petitioners have been arrested in FIR No.362/2022 of PS Kushalgarh, District Banswara for the offences punishable under Sections 147, 452, 341, 323, 427, 504, 506/149 I.P.C. They have preferred this bail application under Section 439 Cr.P.C.
3. Learned Public Prosecutor has opposed the bail application. 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.
4. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners No.1 Dinesh S/o Tamiya Pithaya, No.2 Arjun S/o Maniya Bhabhor and No.3 Irfan S/o Sal Mohammad Makrani @ Bhatu shall be released on bail in connection with FIR No.362/2022 of PS Kushalgarh, District Banswara provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance befor
The court granted bail to the accused petitioners under Section 439 Cr.P.C. based on the fact that the alleged offences were triable by Magistrate.
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offences by Magistrate.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
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