The court considered the circumstances of the case, including the basis of the applicant's implication and the condition of the stolen motorcycle, in granting bail under section 439 of the Cr.P.C.

JUDGMENT

Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.179/2022, Police Station Savina, Udaipur for the offence under section 379 IPC.

2. Learned counsel for the applicant argued that the offence alleged against the applicant is that of theft of motorcycle and the charge-sheet has been filed and in spite of the fact that the case is triable by the Magistrate, the applicant is behind bars since 25.05.2022.

3. Inviting Court’s attention towards the charge-sheet, learned counsel for the applicant argued that the recovery of the motorcycle has not been made from the applicant-accused and it was found lying in abandoned condition. He argued that the applicant has been enroped only on the basis of confessional statement and on the basis of such confessional statement, which was got under police custody, the applicant cannot be convicted.

4. Learned Public Prosecutor on the other hand vehemently opposed the bail application and argued that there are as many as 23 cases of like nature registered against the applicant and thus, bail be not granted to him.

5. Looking to the number of cases of like nature that are pending against the applicant, normally this Court would not have granted any indulgence to the applicant, however, considering the facts of the case wherein the applicant has been inculpated only on the basis of confessional statement and the stolen motorcycle, for which the applicant is made accused was found in abandoned condition, this Court is of the view that the applicant is entitled for bail under section 439 Cr.P.C.

6. Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicant Pankaj S/o Harish Chandra arrested in connection with FIR No.179/2022, Police Station Savina, Udaipur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

7. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

8. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.