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MANOJ KUMAR GARG
Rajesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 134/2022 registered at Police Station Mahajan, District Bikaner for the offence punishable under Sections 395 of IPC.
2. Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Challan of the case has already been presented and no investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. 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.
5. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rajesh Kumar S/o Sh. Ram Lal shall be released on bail in connection with FIR No.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court has the discretion to grant 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 has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail after considering 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 nature of the offences and the time required for trial.
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