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MANOJ KUMAR GARG
Suresh Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioners have been arrested in connection with FIR No.494/2021 of Police Station Balotra, District Barmer, for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC and Section 3/6 of Rajasthan Public Examination (Prevention of Unfairness) Act, 1992. They have preferred these bail applications under Section 439 Cr.P.C.
2. Learned counsel for the petitioners submits that offences are triable by Magistrate. Challan of the case has already been presented. 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.
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 petitioners under Section 439 Cr.P.C.
4. Accordingly, the bail applications filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Suresh Kumar S/o Chutraram & (2) Ramesh Kumar S/o Budharam shall be released on ba
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 the accused 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 based on the totality of the facts and circumstances of the case, 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, 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 circumstances such as compromise between parties and prolonged judicial custody are present, without delving into the mer....
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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