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MANOJ KUMAR GARG
Bhuriya – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the petitioners and perused the case file as well as material available on record.
2. The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R No.129/2021, Police Station Kotadi, District Bhilwara, for the offences punishable under Sections 457, 380 of IPC.
3. Learned counsel for the petitioners submits that the offences alleged to have been committed by the petitioners are triable by magistrate. The accused-petitioners are in judicial custody 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-petitioners.
4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances
5. 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 petitioners under Section 439 Cr.P.C.
6. Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners Bhuriya @ Bhura S/o Prabhu Lal and Mahendra S/o Shri Prabhu Lal Kanja
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 nature of the offences and the time required for trial.
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 under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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 established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
The court established that bail can be granted under Section 439 Cr.P.C. based on the circumstances of the case, including the length of time the trial may take and the nature of the charges.
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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