The court has the discretion to grant bail to accused petitioners under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioners were arrested in connection with various offences and filed a bail application under Section 439 Cr.P.C, claiming innocence and false implication.
Finding of the Court:

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

JUDGMENT

Manoj Kumar Garg, J. - The petitioners have been arrested in connection with F.I.R. No.323/2022 of Police Station Parbatsar, District Nagaur for the offence punishable under Sections 143, 148, 149, 341, 323, 427, 307, 379, 120B IPC. They have preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. The accused-petitioners are 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-petitioners.

3. Learned Public Prosecutor has opposed the bail application. 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Vikash Kumar S/o Sanwarmal & (2) Pawan Kumar S/o Lala Ram Nayak, shall be released on bail in connection with FIR No.323/2022 of Police Station Parbatsar, District Nagaur provided each of them 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 their 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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