The court's decision on the bail applications was influenced by the nature of the offences, the pendency of cases, and the likelihood of prolonged further investigation and trial.

Headnote:
Bail Application - Offences Triable by Magistrate - The court granted bail to one accused while dismissing the bail application of another accused based on the nature of the offences, the pendency of cases, and the likelihood of further investigation and trial.
Fact of the Case:

The bail application was filed for two accused persons in connection with offences punishable under Sections 457 and 380 of the IPC. The accused-petitioners sought bail on the grounds of being in custody for over two months, no pending recovery or investigation against them, and the time it would take for further investigation and trial.
Finding of the Court:

The court granted bail to one accused, Pavan @ Pankaj, considering the triability of the offences by a First Class Magistrate and the likelihood of prolonged further investigation and trial. However, the bail application of the other accused, Gordhan Lal @ Kanha, was dismissed due to the pendency of cases against him.
Issues: The main issue was whether to grant bail to the accused-petitioners based on the nature of the offences, the pendency of cases, and the likelihood of further investigation and trial.
Ratio Decidendi: The court considered the triability of the offences, the absence of pending cases after a certain year, and the likelihood of prolonged further investigation and trial in reaching its decision on the bail applications.
Final Decision: The bail application of Pavan @ Pankaj was partly allowed, and he was ordered to be released on bail upon furnishing a personal bond and sureties. On the other hand, the bail application of Gordhan Lal @ Kanha was dismissed.

JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.374/2021, Police Station Kankroli, District Rajsamand, registered for the offences punishable under Sections 457 and 380 of the IPC.

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

3. Learned counsel for the petitioners stated that offences are triable by Magistrate; petitioners are behind the bars for more than two months; no recovery or investigation is pending against the petitioners; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners and stated that three other cases of identical nature are registered against the accused-petitioner No.1, Pavan @ Pankaj and six other cases of identical nature are registered against the accused-petitioner No.2, Gordhan Lal @ Kanha which shows that the accused-petitioners are habitual offenders.

5. In reply, learned counsel for the petitioners stated that no case is registered against the accused-petitioners after year, 2020.

6. 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 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 No.1 deserves to be accepted.

7. Consequently, the bail application is partly allowed. It is ordered that the accused-petitioner No.1 - Pavan @ Pankaj S/o Sh. Suresh, arrested in connection with F.I.R. No.374/2021, Police Station Kankroli, District Rajsamand, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- with two sureties 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.

8. Having regard to the totality of the facts and circumstances and particularly looking to the pendency of cases against the accused-petitioner No.2, Gordhan Lal @ Kanha, therefore, without expressing any opinion on the merits of the case, I am not inclined to grant bail at this stage, under Section 439 Cr.P.C. to the accused-petitioner No.2 - Gordhan Lal @ Kanha S/o Sh. Ratan Lal.

9. accordingly and in view of the observations made hereinabove, the bail application preferred by the petitioner No.2 - Gordhan Lal @ Kanha S/o Sh. Ratan Lal, under Section 439 Cr.P.C. is dismissed.

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