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MADAN GOPAL VYAS
Bhomaram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.326/2022 of Police Station Pachpadra, District Barmer for the offences punishable under Sections 143, 384, 427, 435, 307, 509 IPC. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that no injury has been caused to anyone, therefore, the offence under Section 307 IPC is not made out against the petitioner. It is also submitted that petitioner’s name is not mentioned in the FIR. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
3. Learned Public Prosecutor as well as learned counsel for the complainant 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
Grant of 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 may grant bail to the accused based on a compromise with the complainant and the likelihood of a lengthy trial, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C based on totality of facts and circumstances, without expressing opinion on case merits.
Granting bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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.
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