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MANOJ KUMAR GARG
Ashok – 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. 441/2022 registered at Police Station Phalodi, District Jodhpur for the offences punishable under Sections 147, 148, 323, 325, 341, 307, 395, 397/120-B, 149 of IPC and Section 5/27 of Arms Act.
2. Counsel for the petitioner submits that similarly situated co-accused Opa Ram @ Opi Babal has already been enlarged on bail by the co-ordinate Bench of this Court and the case of the present petitioner is similar to that of the co-accused. 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
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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 may grant bail considering factors such as absence of injuries, discharge of specific offences, and material contradictions in the complainant's statement.
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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.
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.
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