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2021 Supreme(Raj) 611

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Devendra Kachhawaha, J.
Ishwar Choudhary - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 9473/2021
Decided on : 23-07-2021

Advocates appeared:
Mr. Pankaj Gupta, Advocate, for the Petitioner; Mr. Mangal Singh Saini, P.P, for the Respondent

Granting bail based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.

Headnote:

Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.

Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for offences under various sections of the Indian Penal Code. The Public Prosecutor opposed the bail application citing multiple similar cases against the accused.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused-petitioner based on the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.

Issues: Bail application for offences triable by the Magistrate, opposition by the Public Prosecutor based on multiple similar cases against the accused.

Ratio Decidendi: The court considered the triability of the offences by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial as grounds for granting bail to the accused-petitioner.

Final Decision: The bail application was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified personal bond and sureties.

JUDGMENT

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.53/2021, Police Station Pratap Nagar, District Jaipur, for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code (rejection order dated 27.05.2021 has been passed for the offences punishable under Sections 420 and 406 of the I.P.C.).

2. Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person. Perused the material available on record.

3. Learned counsel for the petitioner stated that offences are triable by the Magistrate; that in similar nature case, benefit of bail has been granted to the accused by this Court; charge-sheet has been filed and the trial will take long time. With these submis- sions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that nine other cases of likewise nature have been registered against the accused- petitioner.

5. Having regard to the totality of facts and circumstances, par- ticularly to the fact that offences are triable by the Magistrate; charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on merits/demer- its of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Ishwar Choudhary S/o Late Shri Bhagwan Das Choudhary, arrested in connection with F.I.R. No.53/2021, Police Station Pratap Nagar, District Jaipur, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- (Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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