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2021 Supreme(Raj) 230

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendar Kumar Goyal, J.
Dharmendra - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 15456 of 2020
Decided on : 05-01-2021

Advocates appeared:
Khalid Mehmood, Advocate, Laxman Meena, Advocate

The court considered various factors such as the nature of allegations, length of custody, and absence of criminal antecedents in granting bail to the petitioner.

Headnote:

Bail - Offences under Section 420, 270, 272 & 273 of I.P.C. - The court granted bail to the petitioner based on considerations such as the nature of allegations, length of custody, filing of the charge-sheet, the offences being triable by Magistrate, and absence of criminal antecedents.

Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.289/2020 for offences under Section(s) 420, 270, 272 & 273 of I.P.C. The petitioner argued that except the offence under Section 420 of I.P.C., the rest of the offences are bailable.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the petitioner considering the nature of allegations against him, his length of custody, filing of the charge-sheet, the offences being triable by Magistrate, and absence of criminal antecedents.

Issues: The main issue was whether the petitioner should be granted bail in connection with the mentioned FIR and the offences under Section(s) 420, 270, 272 & 273 of I.P.C.

Ratio Decidendi: The court's decision to grant bail was based on the considerations of the nature of allegations, length of custody, filing of the charge-sheet, the offences being triable by Magistrate, and absence of criminal antecedents.

Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail under Section 439 Cr.P.C. in connection with the mentioned FIR, with specific conditions and a caution regarding future similar offences.

JUDGMENT

Mahendar Kumar Goyal, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.289/2020 registered at Police Station Samod, District Jaipur for the offence(s) under Section(s) 420, 270, 272 & 273 of I.P.C.

2. It is contended by the learned counsel for the petitioner that except the offence under Section 420 of I.P.C., rest other offences are bailable and from the material available in the charge-sheet, it is apparent that no offence under Section 420 of I.P.C. is made out against the petitioner. He submitted that the petitioner is in custody since 25.11.2020, charge-sheet has been filed, trial of the case will take time, the offences are triable by Magistrate, he has no criminal antecedents and prayed for his release on bail.

3. Learned Public Prosecutor has opposed the bail application.

4. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody, filing of the charge-sheet, the offences being triable by Magistrate and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Dharmendra S/o Ramkunwar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

6. However, looking to the nature of offence, it is made clear that in case the petitioner is found involved in the offence(s) of similar nature in future, the learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.

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