IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Devendra Kachhawaha, J.
Manish Kumar - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 10416/2021
Decided on : 13-07-2021
Bail Application - Offences Punishable under Section 379 of the Indian Penal Code - The court granted bail to the accused-petitioner based on the fact that the offence is triable by the Magistrate, charge-sheet has been filed, and the trial will take a long time, without expressing any opinion on the merits/demerits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.573/2015, for the offences punishable under Section 379 of the Indian Penal Code.
Finding of the Court:
The court, considering the totality of facts and circumstances, granted bail to the accused-petitioner based on the triability of the offence by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial.
Issues: Bail application under Section 439 Cr.P.C. for offences punishable under Section 379 of the Indian Penal Code.
Ratio Decidendi: The court's decision to grant bail was influenced by the triability of the offence by the Magistrate, the filing of the charge-sheet, and the expected lengthy trial, without expressing any opinion on the merits/demerits of the case.
Final Decision: The bail application filed by the petitioner was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the learned trial court.
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.573/2015, Police Station Kotwali Dausa, District Dausa, for the offences punishable under Section 379 of the Indian Penal Code (rejection order passed for the offence punishable under Sections 411, 379 and 420 of the Indian Penal Code).
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 offence is triable by the Magistrate; charge-sheet has been filed and the trial will take long time. With these submissions, 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 ten other cases are registered against the accused-petitioner.
5. In reply, learned counsel for the petitioner stated that in some cases, accused-petitioner has been acquitted.
6. Having regard to the totality of facts and circumstances, particularly to the fact that offence is triable by the Magistrate; charge-sheet has been filed and that trial will take sufficiently long time, therefore, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Manish Kumar S/o Bhikha Ram @ Motiram, arrested in connection with F.I.R. No.573/2015, Police Station Kotwali Dausa, District Dausa, 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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