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PUSHPENDRA SINGH BHATI
Matadin – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in FIR No.323/222 Police Station Parbatsar District Nagaur for the offences punishable under Sections 143, 148, 149, 341, 323, 427, 307, 379 & 120-B of IPC. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that similarly situated co-accused Vikash Kumar has already been granted bail vide order dated 04.01.2023 passed by a coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.24/2023.
Learned Public Prosecutor opposes the bail application.
3. Heard learned counsel for the parties as well as perused the material available on record.
4. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner 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 petitioner Matadin S/o Jhabar Singh shall be released on bail in connection with FIR No
Granting of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits o....
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the ....
The court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolon....
Granting bail based on the totality of the facts and circumstances, the bail granted to similarly situated co-accused persons, and the likelihood of the proceedings taking time to conclude, without e....
Granting bail based on the totality of the facts and circumstances of the case 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.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including the absence of allegations and prolonged custody, justify such a decision.
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