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.

Headnote:
Rajasthan Excise Act - Bail Application - The court granted bail to the accused petitioners under Section 439 Cr.P.C, 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 an offence under the Rajasthan Excise Act and filed a bail application under Section 439 Cr.P.C. The learned counsel for the petitioner argued that the offences are triable by Magistrate and the trial would take a long time to conclude.
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 under Section 439 Cr.P.C.
Issues: The main issue was whether bail should be granted to the accused petitioners in connection with the offence under the Rajasthan Excise Act.
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 FIR No.434/2022 of Police Station Bichiwara, District Dungarpur, for the offence punishable under Sections 19/54, 57 of Rajasthan Excise Act. They have preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that offences are triable by Magistrate. 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.

Learned Public Prosecutor has 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Mahaveer Singh S/o Laxman Singh & (2) Goverdhan S/o Ven Singh, shall be released on bail in connection with FIR No.434/2022 of Police Station Bichiwara, District Dungarpur provided they execute personal bond in a sum of Rs.1,00,000/- each 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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