Granting bail based on the totality of the facts and circumstances of the case under Section 439 Cr.P.C.

Headnote:
Bail Application - Offences under Sections 454 and 380 I.P.C. - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for offences under Sections 454 and 380 I.P.C. and filed a bail application under Section 439 Cr.P.C.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 454 and 380 I.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

2. The petitioner has been arrested in FIR No.31/2022 of P.S. Sam, District Jaisalmer for the offences punishable under Sections 454 and 380 I.P.C. He has 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 petitioner 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 petitioner Mularam S/o Tulcharam shall be released on bail in connection with FIR No.31/2022 of P.S. Sam, District Jaisalmer provided he 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 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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