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MANOJ KUMAR GARG
Nandgopal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.368/2022, Police Station Bilara, District Jodhpur for the offences punishable under Sections 420 and 406 of IPC.
2. Learned counsel for the petitioner submits that the offences alleged to has been committed by the petitioner are triable by Magistrate. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Nandgopal S/o Hanuman Ram, shall be enlarged on bail in F.I.R. No.368/2022, Police Station Bilara, District Jodhpur provided he furnishes a pers
Grant of bail under Section 439 Cr.P.C. 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 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 trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court has the discretion to grant bail to the accused based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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