IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Manoj Kumar Vyas, J.
Vijay Choudhary@vijay Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous 2nd Bail Application No. 10241 of 2020
Decided on : 05-03-2021
Bail - Criminal Law - The court granted bail to the accused applicant Vijay Choudhary @ Vijay Singh under Section 439 of Cr.P.C. in connection with F.I.R. No. 423/2019 for offences under Sections 420, 406, and 120B IPC. The court considered the period of custody, the likelihood of considerable time for trial conclusion, and the nature of accusations in granting bail.
Fact of the Case:
The accused applicant filed a second bail application seeking regular bail in connection with F.I.R. No. 423/2019 for offences under Sections 420, 406, 467, 468, 471, and 120B IPC, but later, the Charge-Sheet was filed on 420, 406, and 120B IPC only.
Finding of the Court:
The court, considering the period of custody, the likelihood of considerable time for trial conclusion, and the nature of accusations, deemed it fit to grant bail to the accused applicant.
Issues: The issues involved the grant of bail to the accused applicant under Section 439 of Cr.P.C. in connection with F.I.R. No. 423/2019 for offences under Sections 420, 406, and 120B IPC.
Ratio Decidendi: The court granted bail to the accused applicant based on the period of custody, the likelihood of considerable time for trial conclusion, and the nature of accusations.
Final Decision: The second bail application was allowed, and the accused-applicant Vijay Choudhary @ Vijay Singh was ordered to be released on bail in FIR No. 423/2019, provided he furnishes the specified personal bond and sureties to the satisfaction of the learned trial court.
JUDGMENT
Manoj Kumar Vyas, J. - This Criminal Misc. Second Bail Application has been preferred on behalf of the Applicant-Vijay Choudhary @ Vijay Singh under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 423/2019 registered with Police Station Chomu, District Jaipur for offence under Sections 420, 406, 467, 468, 471 and 120B IPC but later on Charge-Sheet was filed on 420, 406 and 120B IPC only.
2. Heard learned counsel for the accused applicant and perused the record of the case.
3. It has been submitted by learned counsel for the applicant that the applicant is in custody since last 17 months. Chargesheet has been filed under Sections 420, 406 and 120B IPC. Case is triable by Magistrate Court. Till date, no evidence has been recorded during the trial. Conclusion of trial is likely to take considerable time. It has also been submitted that in other cases pending against him, he has been bailed out in all the three cases. It has been further submitted that complainant in this case is absconding as there are number of cases registered against him.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the contentions.
6. Looking to overall facts and circumstances of the case and looking to period of custody of the applicant and taking into consideration the fact that conclusion of trial is likely to take considerable time, nature of accusations but without commenting upon detailed merits of the case, this court deems it fit to enlarge the accused-applicant on bail.
7. Therefore, the second bail application is allowed. Accusedapplicant Vijay Choudhary@Vijay Singh S/o Shri Pratap Singh shall be released on bail in FIR No. 423/2019 registered with Police Station Chomu, District Jaipur, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.1,00000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
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