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MANOJ KUMAR GARG
Firoz – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.242/2022 of Police Station Shastri Nagar, District Jodhpur, for the offence punishable under Section 380 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that offence is triable by Magistrate. The accused-petitioner is in judicial custody since 26.08.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application. 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.
4. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Firoz S/o Sanaullah, shall be released on bail in connection with FIR No.242/2022 of Police Station Shastri Nagar, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.5
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 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 after considering 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 the totality of the facts and circumstances of the case and the expected lengthy trial duration.
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