Granting bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.

Headnote:
Bail Application - Section 439 Cr.P.C. - Grant of bail to accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner has been arrested in connection with FIR No.110/2018 of Police Station Gogunda, District Udaipur for the offences punishable under Section 392 IPC. The petitioner has preferred a bail application under Section 439 Cr.P.C.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The issues involved in the case were the petitioner's alleged false implication, the complainant turning hostile, and the opposition by the learned Public Prosecutor based on the accused-petitioner being a habitual offender.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.110/2018 of Police Station Gogunda, District Udaipur for the offences punishable under Section 392 IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that complainant has turned hostile. It is also submitted that co-accused Sajid @ Maya has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 23.09.2022. The accused-petitioner is in judicial custody since 10.01.2020 and the trial of the case will take long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is habitual offender.

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. is allowed and it is directed that petitioner Mujfar @ Goga S/o Mustak Khan shall be released on bail in connection with FIR No. 110/2018 of Police Station Gogunda, District Udaipur provided he 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 his 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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