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2023 Supreme(Raj) 1042
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Nandgopal – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 98 of 2023
Decided On : 06-01-2023
Act Referred
INDIAN PENAL CODE : S.406, S.420
Headnote
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the length of the trial and without commenting on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences punishable under Sections 420 and 406 of IPC and sought bail on the grounds that the offences alleged are triable by Magistrate and the trial will take a long time.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: The main issue was whether the accused-petitioner should be granted bail for offences triable by Magistrate.
Ratio Decidendi: The court considered the length of the trial and the nature of the offences alleged, without commenting on the merits of the case, in granting bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
Sampat Prajapat, Advocate, Shrawan Bishnoi, Advocate, Bhagat Dadhich, Advocate
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.368/2022, Police Station Bilara, District Jodhpur for the offences punishable under Sections 420 and 406 of IPC.
2. Learned counsel for the petitioner submits that the offences alleged to has been committed by the petitioner are triable by Magistrate. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Nandgopal S/o Hanuman Ram, shall be enlarged on bail in F.I.R. No.368/2022, Police Station Bilara, District Jodhpur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
