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MANOJ KUMAR GARG
Gorkha Ram – Appellant
Versus
State of Rajasthan – Respondent
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 execu
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.
Grant of bail under Section 439 Cr.P.C. based on the nature of the offences and the time required for trial.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
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.
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 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.
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.
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.
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