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.

Headnote:
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused petitioners under Section 439 Cr.P.C. considering that the alleged offences were triable by Magistrate.
Fact of the Case:

The petitioners were arrested for offences under Sections 143, 452, 323 and 342 IPC 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 petitioners under Section 439 Cr.P.C. as the alleged offences were triable by Magistrate.
Issues: Bail application under Section 439 Cr.P.C. for offences triable by Magistrate.
Ratio Decidendi: The court considered the fact that the alleged offences were triable by Magistrate and granted bail to the accused petitioners under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioners were directed to be released on bail in connection with the FIR.

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.248/2022 of Police Station Phuliyakallan, District Bhilwara for the offences punishable under Sections 143, 452, 323 and 342 IPC. They have preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioners has submitted that offences alleged to have been committed by the petitioners are triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offences levelled against the petitioners are triable by Magistrate, 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners - (1) Ramratan S/o Bhura, (2) Ashok S/o Ramratan, (3) Kalu Ram S/o Bhoja Ram, (4) Dhanraj S/o Bhoja Ram, (5) Nourat S/o Ram Lal, (6) Tejmal S/ o Ram Lal and (7) Sarma S/o Bhoj Ram shall be released on bail in connection with FIR No.248/2022 of Police Station Phuliyakallan, District Bhilwara 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 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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