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MANOJ KUMAR GARG
Mohammad Shakir Husain @ Happy – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.351/2022, Police Station Naya Shahar, District Bikaner for the offences punishable under Sections 458, 307, 34, 143 of IPC.
2. Counsel for the petitioner submits that similarly situated co-accused Moin Khan and Mukhtyar Sheikh have been enlarged on bail by this Court and the case of the present petitioner is similar to that co-accused. Furthermore, injured received grievous injuries on his non vital part of his body. 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.
Learned Public Prosecutor opposed the bail application.
3. Having regard to the totality of the facts and circumstances 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mohammad Shakir Husain @ Happy S/o Jakir Husain, shall be released on bail in connection wi
Grant of bail under Section 439 Cr.P.C. should be 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 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 based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail to an accused 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 facts and circumstances of the case, without commenting on the merits of the case.
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