The court has the discretion to grant bail based on the circumstances of the case, including the stage of the trial and the likelihood of a prolonged trial.

Headnote:
Bail Application - Criminal Law - The court allowed the second bail application filed under Section 439 Cr.P.C. and ordered the release of the accused-petitioner on bail with certain conditions.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after the rejection of the first bail application. The petitioner was in custody in connection with F.I.R. No.241/2020 for offenses under Sections 399 & 402 of IPC and Section 4/25 of arms act.
Finding of the Court:

The court, after considering the arguments and the fact that the charge-sheet had been filed and the petitioner had already suffered incarceration, decided to accept the bail application and ordered the release of the accused-petitioner on bail with specific conditions.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offenses and the stage of the trial.
Ratio Decidendi: The court considered the length of incarceration, the filing of the charge-sheet, and the likelihood of a prolonged trial in reaching the decision to grant bail to the accused-petitioner.
Final Decision: The court allowed the second bail application and ordered the release of the accused-petitioner on bail with specific conditions, including marking attendance at the local police station and a warning against involvement in any other criminal case.

JUDGMENT

Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.241/2020, Police Station Sujangarh, District Churu for the offences under Sections 399 & 402 of IPC and Section 4/25 of arms act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. The first bail application of the petitioner was rejected by this Court on 22.04.2021 with liberty to file fresh bail application in the month of august, 2021.

4. Learned counsel for the petitioner submits that the charge-sheet in the case has been filed and the petitioner has already suffered incarceration since august, 2020. The conclusion of trial will take sufficient long time, therefore, he prays that the petitioner may be enlarged on bail.

5. The learned Public Prosecutor opposes the bail application.

6. Having regard to the facts and circumstances upon a consideration of the arguments advanced, the opinion that the bail application filed by deserves to be accepted. of the case and this Court is of the petitioner Consequently, the present second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kalu Ram S/o Hajari Ram arrested in connection with F.I.R. No.241/2020, Police Station Sujangarh, District Churu shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.

7. However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency will be extended to the petitioner in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police Station of the area where the petitioner resides.

8. a copy of this order be sent to the local police station where the petitioner resides.

9. It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.

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