The court established that the grant of bail can be influenced by the duration of custody, the nature of the offences, and the treatment of co-accused in similar circumstances.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 Cr.P.C. considering the nature of the offences, the fact that the petitioner had been in custody for over two months, and the grant of bail to a co-accused. The court emphasized the importance of the trial duration and the need for personal bonds to ensure the petitioner's appearance in court.
Fact of the Case:

The petitioner, Mahendra Singh, filed a bail application while in judicial custody for offences under Sections 323, 341, 34, and 436 of the IPC, related to F.I.R. No.106/2020. The petitioner had been in custody for over two months, and a charge-sheet had been filed.
Finding of the Court:

The court noted that the offences were triable by a Magistrate and that a co-accused had already been granted bail. The court found that the duration of custody and the nature of the case warranted the acceptance of the bail application.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case and the previous grant of bail to a co-accused.
Ratio Decidendi: The court held that the length of custody, the nature of the offences, and the grant of bail to a co-accused were significant factors in deciding to grant bail, without delving into the merits of the case.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and surety bonds.

JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.106/2020, Police Station Deshnok, District Bikaner, registered for the offence punishable under Sections 323, 341, 34 and 436 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that offences are triable by Magistrate; benefit of bail has been granted to co-accused Vikram Singh; charge-sheet has been filed; petitioner is behind the bars for more than two months; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier four cases were registered against the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; benefit of bail has been granted by co-ordinate Bench of this Court to co-accused Vikram Singh vide order dated 06.05.2021; charge-sheet has been filed; petitioner is behind the bars for more than two months; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the petitioner - Mahendra Singh S/o Banne Singh, arrested in connection with F.I.R. No.106/2020, Police Station Deshnok, District Bikaner, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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