The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offences under IPC and POCSO Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for offences under Sections 363, 366(A), 376(2)(N), 376(3), 193/34 IPC and Section 5(L)/6 of POCSO Act. The petitioner filed a bail application under Section 439 Cr.P.C, stating that the prosecutrix went with him willingly and the trial would take a long time.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances.
Issues: The main issue was whether the accused petitioner should be granted bail despite the serious nature of the charges against him.
Ratio Decidendi: The court considered the statement of the prosecutrix and the fact that the challan of the case had already been presented with no pending investigation. The court also took into account the length of the trial and the judicial custody of 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 executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.89/2022 of Police Station Bhanipura, District Churu for the offence punishable under Sections 363, 366(A), 376(2)(N), 376(3), 193/34 IPC and Section 5(L)/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that according to the statement of the prosecutrix, she went with the petitioner out of her own free will and they willingly resided together for about one and half month. Counsel submits that if anything happened, that was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. 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.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. 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.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Amit Kumar @ Mukesh Kumar S/o Shri Dharuram shall be released on bail in connection with FIR No.89/2022 of Police Station Bhanipura, District Churu 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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