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.

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

The petitioner filed a second bail application under Section 439 Cr.P.C. in connection with a case involving offences under Sections 148, 452, 325 and 307/149 of the IPC. The first bail application was dismissed with liberty to file afresh after recording the statement of the injured.
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 main issue was whether the accused petitioner should be granted bail considering the allegations and the stage of the trial.
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 second bail application filed under Section 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 present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.084/2022, Police Station Anandpuri, District Banswara registered for the offences punishable under Sections 148, 452, 325 and 307/149 of the IPC.

2. The first bail application was dismissed as not pressed by this Court vide order dated 04.07.2022 with liberty to file afresh after recording the statement of the injured, Thavar Chand.

3. Learned counsel for the petitioner submits that injured Thavar Chand has been examined as PW.1 before the trial Court and in his statement, a specific allegation has been made that the present petitioner along with co-accused Bansi and other persons gave beating and caused injuries on his head. According to perusal of the injury report, only injury on his head has been found as grievous in nature and dangerous to life. No specific averment has been made against the present petitioner. The petitioner is in judicial custody since 24.03.2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer of bail.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. 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.

6. Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Manishankar S/o Shri Ravji, shall be released on bail in connection with F.I.R. No.084/2022, Police Station Anandpuri, District Banswara provided he executes a personal bond in a sum of Rs.1,00,000/- with two 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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