The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.

Headnote:
Bail Application - Grant of Bail - The court deemed it just and proper to release the petitioners on bail, considering the facts and circumstances of the case.
Fact of the Case:

The petitioners were arrested for offences under Sections 323, 341, and 307 of IPC. The injury report indicated grievous but not life-threatening injuries. The trial was expected to take a long time.
Finding of the Court:

The court, without commenting on the merits of the case, granted bail to the accused-petitioners.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Considering the facts and circumstances of the case, the court deemed it just and proper to release the petitioners on bail.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioners were ordered to be enlarged on bail.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No.137/2022 Police Station Danpur, District Banswara for the offences punishable under Sections 323, 341 and 307 of IPC.

2. Learned counsel for the petitioners submits that the according to the injury report of the injured, injury No.5 is found to be grievous in nature but not dangerous to life and omnibus allegations have been levelled against the petitioners. Challan of the case has already been presented. The petitioners are in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioners.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioners on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners - (1) Pinku S/o Savji (2) Prakash S/o Savji and (3) Kalu @ Kaluram S/o Bapu Lal, shall be enlarged on bail in F.I.R. No.137/2022 Police Station Danpur, District Banswara provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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