The central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail application.

Headnote:
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner based on the consideration that the offences were triable by the First Class Magistrate, further investigation and trial would take a long time, and 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.32/2022, Police Station Siwana, District Barmer, for the offence punishable under Sections 420, 406 and 120-B of the Indian Penal Code.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner based on the consideration that the offences were triable by the First Class Magistrate and further investigation and trial would take a sufficiently long time.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offences and the circumstances of the case.
Ratio Decidendi: The court's decision was influenced by the fact that the offences were triable by the First Class Magistrate and that further investigation and trial would take a sufficiently long time.
Final Decision: The bail application of the accused-petitioner was allowed, and it was ordered that the accused-petitioner shall 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.32/2022, Police Station Siwana, District Barmer, 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; petitioner is a helper; money has been deposited in the bank account of co-accused Ganpat Ram (driver of the alleged vehicle); petitioner is behind the bars since 10.02.2022; no recovery or investigation is pending against the petitioner; 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 Rs. 1,78,870/- have been deposited in the bank account of co-accused Ganpat Ram.

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; further investigation 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, Ladu Ram S/o Shri Puna Ram, arrested in connection with F.I.R. No.32/2022, Police Station Siwana, District Barmer, 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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