The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial in granting bail to the accused-petitioner.

Headnote:
Bail - Offences Triable by Magistrate - The court granted bail to the accused-petitioner, considering the triable nature of the offences, 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 punishable under Sections 420, 406, and 120-B of the Indian Penal Code. The petitioner had been in judicial custody and sought bail due to the approaching festival of Holi and the expected lengthy trial.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner, considering the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial.
Issues: The issues involved the grant of bail to the accused-petitioner, who was in judicial custody for offences triable by the First Class Magistrate, with a charge-sheet filed and an expected lengthy trial.
Ratio Decidendi: The court's decision to grant bail was influenced by the triable nature of the offences, 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 surety bonds to the satisfaction of the learned trial court.

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.509/2021, Police Station Hanumangarh Town, District Hanumangarh, registered for the offence punishable under Sections 420, 406 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 offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.10.2021; festival of Holi is approaching; 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 opposed the bail application of the accused-petitioner and stated that six other cases have been registered against the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by the First Class Magistrate; 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. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Balwant Singh S/o Jogendra Singh, arrested in connection with F.I.R. No.509/2021, Police Station Hanumangarh Town, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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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