The court considered the triability of the offences, previous bail grants to co-accused persons, and the expected delay in further investigation and trial as key factors in granting bail to the accused-petitioner.

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, bail had been granted to co-accused persons, and further investigation and trial would take a 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.35/2021, for offences punishable under Sections 457, 380, and 120-B of the Indian Penal Code. The petitioner had been in judicial custody and sought bail based on the delay in investigation and trial.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner considering the triability of the offences, previous grant of bail to co-accused persons, and the expected delay in further investigation and trial.
Issues: The issues involved the grant of bail to the accused-petitioner, considering the nature of the offences, previous bail grants to co-accused persons, and the expected delay in further investigation and trial.
Ratio Decidendi: The court's decision was influenced by the fact that the offences were triable by the First Class Magistrate, bail had been granted to co-accused persons, and further investigation and trial would take a long time.
Final Decision: The bail application of the accused-petitioner was allowed, and it was ordered that the petitioner shall be released on bail upon furnishing the required 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.35/2021, Police Station Ramgarh, District Jaisalmer, registered for the offence punishable under Sections 457, 380 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 behind the bars since 26.01.2022; benefit of bail has been granted to co-accused persons, Vikram and Zuber Khan; no investigation or recovery is pending against the petitioner; 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 opposed the bail application of the accused-petitioner and stated that four other cases have been registered against the accused-petitioner and investigation of the case is still pending.

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; benefit of bail has been granted by co-ordinate Bench(s) of this Court to co-accused persons, Vikram vide order dated 28.01.2022 (Bail application No.1126/2022) and Zuber Khan vide order dated 17.01.2022 (Bail application No.557/2022); 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, Umesh S/o Sh. Teja Ram, arrested in connection with F.I.R. No.35/2021, Police Station Ramgarh, District Jaisalmer, 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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