JUDGMENT :

VINIT KUMAR MATHUR, J.

1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

S.B. Criminal Miscellaneous Bail Application No. 1443/2022

2. 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. RC JDH 2018 A 0005 CBI, Jodhpur (N.C.V. No. 491/2020) for the offence under Sections 420, 467, 468 & 471 of IPC.

3. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

4. Learned counsel for the petitioner submits that the charge sheet in the case has been filed and the petitioner is facing incarceration for more than 65 days. He further submits that the other co-accused persons have been enlarged on bail by the trial court. The offences alleged against the present petitioner are triable by the Magistrate. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

5. Dr. Sachin Acharya, learned Senior Counsel for CBI has vehemently opposed the bail application.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

7. Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Raghunath S/o Pancha Ram shall be released on bail in connection with F.I.R. No. RC JDH 2018 A 0005 CBI, Jodhpur (N.C.V. No. 491/2020) provided he executes a personal bond in a sum of Rs. 50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

S.B. Criminal Miscellaneous Bail Application No. 1439/2022

8. 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. RC JDH 2018 A 0005 CBI, Jodhpur (N.C.V. No. 493/2020) for the offence under Sections 420, 467, 468 & 471 of IPC.

9. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

10. Learned counsel for the petitioner submits that the charge sheet in the case has been filed and the petitioner is facing incarceration for more than 65 days. He further submits that the other co-accused persons have been enlarged on bail by the trial court. The offences alleged against the present petitioner are triable by the Magistrate. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

11. Dr. Sachin Acharya, learned Senior Counsel for CBI has vehemently opposed the bail application.

12. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

13. Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Raghunath S/o. Pancha Ram shall be released on bail in connection with F.I.R. No. RC JDH 2018 A 0005 CBI, Jodhpur (N.C.V. No. 493/2020) provided he executes a personal bond in a sum of Rs. 50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand