The court may grant bail based on considerations such as the nature of the allegation, length of custody, filing of charge sheet, and the offense being triable by Magistrate.

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.363/2020 registered at Police Station Shipra Path, District Jaipur City (South) for the offence under Section 392 of I.P.C.

2. It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. With regard to criminal antecedents, learned counsel for the petitioner submitted that three other criminal cases registered against him are of remote past i.e. of the year 2009. He submitted that the petitioner is in custody for last two and half months, charge sheet has been filed, trial of the case will take time, offence is triable by Magistrate and prayed for his release on bail.

3. Opposing the bail application, learned Public Prosecutor submitted that there are three other criminal cases registered against the petitioner under Section 392 I.P.C. and hence he does not deserve indulgence of bail.

4. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody, filing of charge sheet and the offence being triable by Magistrate; 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 Wahid Ali S/o Sh. Mohammad Rafique 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 and criminal antecedents of the petitioner, it is made clear that in case the petitioner is found involved in offence(s) of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.