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MANOJ KUMAR GARG
Raju – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 442/2022 registered at Police Station Bichiwara, District Dungarpur for the offences punishable under Sections 19/54 of Rajasthan Excise Act.
2. Counsel for the petitioners submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioners are behind the bars 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-petitioners.
Learned Public Prosecutor has vehemently opposed the bail application.
3. 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 petitioners under Section 439 Cr.P.C.
4. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Raju S/o Amara; and (2) Arjun S/o Badha shall be released on bail in connection with FIR No. 442/2022 registered at Police Station Bichiwara, District Dungarpur
The court has the discretion to grant 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.
Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.
Granting bail based on the alleged offence(s) being triable by Magistrate and without expressing any opinion on the merits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. based on the circumstances of the case, including the length of time the trial may take and the nature of the charges.
The court's decision to grant bail was based on the comparison with the bail granted to a co-accused and the overall 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 key legal principle established is that the triability of the alleged offence(s) by a Magistrate is a significant factor in considering the grant of bail under Section 439 Cr.P.C.
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