The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail under Section 439 Cr.P.C. to the petitioner, emphasizing that the alleged offences are triable by Magistrate and considering the prolonged duration of the trial. The decision reflects the court's discretion to grant bail based on the circumstances of the case without commenting on the merits.]
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for offences under various sections of IPC, including 420 and 406, in connection with FIR No. 68/2022.
Finding of the Court:

The court found it just and proper to grant bail, considering the time required for the trial and the nature of the offences.
Issues: Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the nature of the charges and the duration of the trial.
Ratio Decidendi: The court's decision to grant bail was based on the principle that the accused should not be unnecessarily detained when the trial is expected to take a long time, especially for offences triable by Magistrate.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 68/2022 registered at Police Station Bakhasar, District Barmer for the offences punishable under Sections 420, 406, 467, 468, 471, 409 and 120-B of IPC.

2. Counsel for the petitioner submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioner is behind the bars 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-petitioner.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. 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 petitioner under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gorkha Ram S/o Rekha Ram shall be released on bail in connection with FIR No. 68/2022 registered at Police Station Bakhasar, District Barmer provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his 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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