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.

Headnote:
Bail - Grant of Bail under Section 439 Cr.P.C. - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. as he was in judicial custody in connection with F.I.R. No.199/2021, Police Station Sheoganj, District Sirohi for offences under Sections 419, 420, 406, 409, and 120-B of the IPC. The first bail application was dismissed with liberty to file a fresh bail application after filing of the challan.
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 petitioner under Section 439 Cr.P.C.
Issues: The main issue was the grant of bail to the accused petitioner, which was opposed by the Public Prosecutor.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioner under Section 439 Cr.P.C.
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.199/2021, Police Station Sheoganj, District Sirohi registered for the offences punishable under Sections 419, 420, 406, 409 and 120-B of the IPC.

2. The first bail application was dismissed by this Court vide order dated 29.09.2022 with liberty to file a fresh bail application after filing of the challan.

3. Learned counsel for the petitioner submits that now challan of the case has been presented and no investigation is pending against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the prayer of bail.

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

6. 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.

7. Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Aas Mohammad S/o Sh. Farmud, shall be released on bail in connection with F.I.R. No.199/2021, Police Station Sheoganj, District Sirohi provided he executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each (out of which, one surety shall be a close relative and a resident of Rajasthan) 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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