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MANOJ KUMAR GARG
Ugma Ram – 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 have been arrested in connection with FIR No.193/2021, Police Station Khunkhuna, Distt. Nagaur for the offence under Sections 323, 341, 325, 307/34 IPC.
2. Learned counsel for the petitioner as well as learned counsel for the complainant submits that there are cross-cases and the compromise has been arrived in between the parties. The petitioners are in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should 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 petitioners on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners (1) Ugma Ram S/o Shankar Ram and (2) Mukesh Meghwal @ Moola Ram S/o Shankar Ram shall be enlarged on bail in FI
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.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
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.
Grant of bail under Section 439 Cr.P.C. based on the nature of the offences and the time required for trial.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case without commenting 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....
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
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.
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