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VIJAY BISHNOI
Vikram Yadav – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.396/2021 of Police Station Chopasani Housing Board District Jodhpur for the offence(s) punishable under Section(s) 379/411, 414, 420, 467, 468, 471, 474 & 120 B of 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. It is also submitted that the co-accused persons have already been enlarged on bail.
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
The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate and when co-accused have been granted bail, reflecting the court's discretion in....
Grant of bail based on the triability of the alleged offences by a Magistrate
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.
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offences by Magistrate.
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 circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The court may grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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