DEVENDRA KACHHAWAHA
Mahendra Kumar – Appellant
Versus
State Of Rajasthan – Respondent
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.387/2021, Police Station Bhinmal, District Jalore, registered for the offence punishable under Section 379 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 offence is triable by Magistrate; 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 seven other cases have been registered against the accused-petitioner out of which five cases are of identical nature.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offence is triable by the First Class Magistrate; all the other
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