The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offence under Section 392/34 of IPC - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for the offence punishable under Section 392/34 of IPC and filed a bail application under Section 439 Cr.P.C. The petitioner argued that the offence is triable by Magistrate and a co-accused had already been granted bail by the Court.
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 issue was whether the accused petitioner should be granted bail in connection with the offence under Section 392/34 of IPC.
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.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.292/2021 of Police Station Kapasan, District Chittorgarh, for the offence punishable under Section 392/34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that offence is triable by Magistrate and similarly situated co-accused Shankarlal has already been enlarged on bail by this Court and the case of present petitioner is similar. The accused-petitioner is in judicial custody since 17.03.2022 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.

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 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 Mangi Lal S/o Shri Hajari Lal Loda, shall be released on bail in connection with FIR No.292/2021 of Police Station Kapasan, District Chittorgarh provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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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