The court may grant bail based on the triability of the offences by the Magistrate, filing of charge-sheet, and the expected duration of the trial.

Headnote:
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner based on the facts that the offences were triable by the First Class Magistrate, charge-sheet had been filed, and the trial would take a sufficiently long time.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.224/2021, for the offence punishable under Sections 457 and 380 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 petitioner based on the facts that the offences were triable by the First Class Magistrate, charge-sheet had been filed, and the trial would take a sufficiently long time.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the triability of the offences by the First Class Magistrate, the filing of the charge-sheet, and the expected duration of the trial in granting bail to the petitioner.
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 the specified bonds.

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.224/2021, Police Station Charbhuja, District Rajsamand, registered for the offence punishable under Sections 457 and 380 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; 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, Tikam Singh S/o Laxman Singh, arrested in connection with F.I.R. No.224/2021, Police Station Charbhuja, District Rajsamand, 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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