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MADAN GOPAL VYAS
Taru @ Sultan Mehrat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.170/2022 of Police Station Rayla, District Bhilwara for the offences punishable under Sections 457, 380, 401 and 34 of the 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 offences are triable by the Magistrate. It is also submitted that co-accused Ganeshnath has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.10.2022. The accused-petitioner is in judicial custody since 24.08.2022. Charge-sheet has been filed 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 petitioner under Section 439 Cr.P.C.
5. Accordingly, the bail application filed under Sec.439 Cr.P.C.
Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
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.
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.
The court has the discretion to grant bail 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 after considering the totality of the facts and circumstances of the case.
The court's decision to grant bail was based on the consideration of the nature of the allegation, length of custody, filing of charge sheet, and the offence being triable by Magistrate.
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