The court has the discretion to grant bail after considering the nature of the offenses and the individual circumstances of the case.

JUDGMENT :

1. The instant second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Dheeraj Thanvi @ Mohit S/o Ganesh Thanvi who is in custody in relation to F.I.R. No.512/2022 Police Station Nayashahar, District Bikaner, for the offences under Sections 323, 354B, 354D, 458, 382, 440, 504, 506 & 509 of the IPC.

2. Learned counsel for the petitioner submits that this is the second bail application and vide order dated 21.12.2022, the first bail application filed on behalf of petitioner was dismissed as not pressed. He further submits that after investigation, police has submitted a charge sheet against the accused-petitioner and the offences alleged are triable by the Magistrate, Ist Class. Learned counsel further submits that petitioner is not having any previous criminal antecedent. He further submits that the complainant/victim is immediate neighbour of the present petitioner and due to animosity with neighbour, the case has been lodged against him. He further submits that the incident was exaggerated and he had never harassed the prosecutrix or any other member of her family. He further submits that accused is a young man and keeping him in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioner may be enlarged on bail.

3. Bail application was opposed by the learned Public Prosecutor as well as learned counsel for the complainant on the ground that present petitioner is habitual for harassing the victim and her family. They further submits that the charge sheet itself indicates the true picture of actions of present petitioner.

4. Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.

5. On previous occasion, bail application under Section 439 Cr.P.C. was dismissed as not pressed on 21.12.2022, hence, this second bail application has been filed after filing of the charge sheet before the learned trial Court. After registration of the case, the present petitioner was arrested on 09.11.2022 and charge sheet has been filed for the offences which are triable by Magistrate Ist Class and as the trial and disposal of the case will take its own time.

6. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced by the parties, this Court is of the opinion that the petitioner deserves to be released on bail.

7. Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Dheeraj Thanvi @ Mohit S/o Ganesh Thanvi, arrested in connection with F.I.R. No.512/2022, Police Station Nayashahar, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-and 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 and further subject to the conditions that (1) the petitioner will not influence any of the prosecution witnesses; (2) he will ensure that he will not come in contact with victim/prosecutrix or any female member of her family; (3) the petitioner will also ensure that by any means including using social media, no message or any action will be initiated by him against the victim/proseuctrix or any other female member of her family. In case, if any offences of similar nature is repeated by him in future, then complainant would be at liberty to file application for cancellation of bail of the present petitioner.