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.

Headnote:
Bail - Regular Bail - Summary
Fact of the Case:

The petitioner filed a bail application seeking regular bail for offences under Sections 419, 420, 467, 468, 471 and 120-B of IPC. The petitioner argued that the trial would take a long time to conclude and requested bail.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail considering the nature of the offences and the time required for trial.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was directed to be released on bail upon fulfilling certain conditions.

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. 174/2022 registered at Police Station Ambamata, District Udaipur for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B of IPC.

2. Counsel for the petitioner submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioner is 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-petitioner.

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 petitioner 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 petitioner Laluram S/o Nathulal shall be released on bail in connection with FIR No. 174/2022 registered at Police Station Ambamata, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- 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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