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MANOJ KUMAR GARG
Firoz Khan @ Lala – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.73/2022 Police Station Nikumbh, District Chittorgarh for the offence punishable under Sections 395, 365, 342, 341, 143, 149, 120-B of the IPC.
2. Learned counsel for the petitioner submits that similarly situated co-accused Babu Lal @ Balu Keer, Anil Keer, Bhopat Lal and Barkat Khan have been enlarged on bail by this Court and the case of present petitioner is similar to those co-accused. Challan of the case has already been presented. The petitioner is 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-petitioner.
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 petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it
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.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any 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....
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.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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