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 expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offences under IPC and Arms Act - The court granted bail to the accused petitioner based on the fact that similarly situated co-accused persons had already been granted bail and the conclusion of the proceedings is likely to take some time, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for various offences under IPC and Arms Act. The petitioner filed a bail application under Section 439 Cr.P.C.
Finding of the Court:

The court granted bail to the accused petitioner based on the totality of the facts and circumstances, the fact that similarly situated co-accused persons had already been granted bail, and the likelihood of the proceedings taking some time to conclude, without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: 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 expressing any opinion on the merits 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

Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in connection with FIR No. 481/2019 of Police Station Phalodi, District Jodhpur Rural for the offences punishable under Section 147, 148, 149, 323, 325, 307, 384, 395, 397, 398, 427, 436, 459, 460, 109 & 120-B of IPC and Section 5/27 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that co-accused Birdaram, Kamal Vishnoi & Bhagirath Ram have already been granted bail by a coordinate Bench of this Court vide order dated 18.09.2020 & 15.07.2021 passed in S.B. Criminal Misc. Bail Application No.8464/2020, 8248/2021 & 8249/2021 respectively.

3. Learned Public Prosecutor has opposed the bail application, but is unable to refute the aforesaid factual matrix.

4. Having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused persons have already been granted bail and 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 Vikas S/o Budhram shall be released on bail in connection with FIR No. 481/2019 of Police Station Phalodi, District Jodhpur Rural 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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