The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, taking into account the overall circumstances of the case.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 Cr.P.C. to the petitioner(s) charged with offences triable by a Magistrate, emphasizing the importance of the nature of the charges and the circumstances surrounding the case without delving into the merits of the allegations.
Fact of the Case:

The petitioner(s) were arrested in connection with FIR No.91/2021 for offences under Sections 457 and 380 IPC and sought bail under Section 439 Cr.P.C.
Finding of the Court:

The court considered the totality of the facts and circumstances, noting that the alleged offences were triable by a Magistrate, and decided to grant bail without expressing an opinion on the merits of the case.
Issues: Whether the petitioner(s) should be granted bail considering the nature of the offences and the circumstances of the case.
Ratio Decidendi: The court's decision to grant bail was based on the classification of the offences as triable by a Magistrate, which influenced the assessment of the appropriateness of bail.
Result: The bail application was allowed, and the petitioner(s) were directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Vijay Bishnoi, J. - Heard.

2. The petitioner(s) has/have been arrested in FIR No.91/2021 of Police Station Khatu Bari District Nagaur for the offence(s) punishable under Section(s) 457, 380 IPC. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Ramchander S/o Dewa Ram shall be released on bail in connection with FIR No.91/2021 of Police Station Khatu Bari District Nagaur provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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