The court may grant bail to an accused-petitioner based on the length of time spent in custody, the filing of charge-sheet, and the expected lengthy trial, while also imposing conditions considering the accused-petitioner's history of multiple pending cases and habitual offending.

JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.100/2018, Police Station Hathipole, District Udaipur, registered for the offence punishable under Sections 387 and 120-B of the Indian Penal Code.

2. Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that the petitioner has falsely been implicated in this case; petitioner is behind the bars approximately for two years; charge-sheet has been filed; as per para 7 of the rejection order, statements of five witnesses have been recorded before learned trial Court; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioner and stated that thirty-one other cases have been registered against the accused-petitioner out of which, fourteen cases are still pending; and accused-petitioner is a habitual offender and a history-sheeter, therefore, special conditions may be imposed on the accused-petitioner while granting him the benefit of bail.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that the accused-petitioner is behind the bars for approximately two years; charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. However, looking to the pendency of the cases against the accused-petitioner and the fact that accused-petitioner is a habitual offender and a history-sheeter, therefore, accused-petitioner is directed to record his appearance every month in the concerned Police Station.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Mohammad ajam S/o Saeed ahmad, arrested in connection with F.I.R. No.100/2018, Police Station Hathipole, District Udaipur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each (one must be a close relative) 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.