The court has the discretion to grant bail based on the totality of the facts and circumstances of the case.

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

The petitioner filed a bail application under Section 439 Cr.P.C. for offences under Sections 458, 307, 34, 143 of IPC. The petitioner argued similarity to co-accused who were granted bail and the non-vital nature of the injuries sustained by the victim.
Finding of the Court:

The court, considering the totality of the facts and circumstances, 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 circumstances of the case.
Ratio Decidendi: The court found it just and proper to grant bail to the accused petitioner based on the totality of the facts and circumstances.
Final Decision: The bail application was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

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 with FIR No.351/2022, Police Station Naya Shahar, District Bikaner 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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