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MADAN GOPAL VYAS
Harish Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.559/2022 of Police Station Sanchore, District Jalore for the offences punishable under Section 19/54 of the Rajasthan Excise Act. They have preferred these bail applications under Section 439 Cr.P.C.
2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is further submitted that offences are triable by the Magistrate. The accused-petitioners are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
Learned Public Prosecutor has vehemently 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, both the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Harish Kumar S/o Akha Ram, and (2) Vishana Ram S/o Rama Ram shall be released on bail in connection with FIR No. 559/2022 of P
Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.
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.
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.
Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the comparison with the bail granted to a co-accused and the overall facts and circumstances of the case.
The key legal principle established is that the triability of the alleged offence(s) by a Magistrate is a significant factor in considering the grant of bail under Section 439 Cr.P.C.
Granting bail based on the alleged offence(s) being triable by Magistrate and without expressing any opinion on the merits of the case.
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