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MADAN GOPAL VYAS
Mujfar @ Goga – Appellant
Versus
State of Rajasthan – Respondent
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 allowe
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.
Grant of bail under Section 439 Cr.P.C based on totality of facts and circumstances, without expressing opinion on case merits.
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.
The court may grant bail based on considerations such as the nature of the allegation, length of custody, filing of charge sheet, and the offense being triable by Magistrate.
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 may grant bail to an accused-petitioner based on the length of time spent in custody, the filing of charge-sheet, and the expected lengthy trial, while also imposing conditions considering ....
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