Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offences under Sections 457, 380 IPC - The court granted bail to the accused petitioners under Section 439 Cr.P.C.
Fact of the Case:

The petitioners were arrested for offences under Sections 457, 380 IPC and filed a bail application under Section 439 Cr.P.C. claiming false implication.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C. is allowed, and the accused petitioners are directed to be released on bail.

JUDGMENT

Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.08/2022 of Police Station Guda Endla, District Pali for the offences punishable under Sections 457, 380 IPC. They have preferred this bail application 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. It is also submitted that co-accused viz., Ashok, Ishwar and Devendra have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 08.12.2022. The accused-petitioner is in judicial custody and the trial of the case will take long time to be concluded. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

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 petitioners 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 petitioners, (1) Narayan Kanjar S/o Ram Chandra, and (2) Rajkumar @ Raju S/o Bhoma Ram shall be released on bail in connection with FIR No.08/2022 of Police Station Guda Endla, District Pali provided each of them 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 their 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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