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MADAN GOPAL VYAS
Bhairon Nath – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.282/2022 of Police Station Kotgate, Bikaner for the offences punishable under Sections 452, 308, 325, 323, 341, 427, 24 of the 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 compromise has been arrived at between the petitioners and the complainant and now complainant does not want any legal proceedings against them. The accused-petitioners are in judicial custody and the trial of the case will take long time to be concluded. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. Learned counsel for the complainant has not disputed the fact of compromise.
5. 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.
6. Accordingly, the bail application filed under Sec.439
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.
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.
Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court has the discretion to grant bail to the accused 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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