The court established that under Section 439 Cr.P.C., bail may be granted when the investigation is complete and the trial is expected to be lengthy, balancing the rights of the accused with the judicial process.

Headnote:
[BAIL] - [PREVENTION OF CORRUPTION] - [The court granted bail to the petitioner under Section 439 of the Cr.P.C., considering that the challan had been presented, no further investigation was pending, and the trial would take a significant amount of time. The decision emphasized the importance of balancing the rights of the accused with the need for judicial proceedings.]
Fact of the Case:

The petitioner was arrested in connection with FIR No.333/2021 for an offence under Section 7 of the Prevention of Corruption (Amended) Act, 2018 and sought bail under Section 439 Cr.P.C.
Finding of the Court:

The court found that the challan had been presented, no investigation was pending, and the trial would take a long time, leading to the decision to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the circumstances of the case.
Ratio Decidendi: The court held that the right to bail should be considered in light of the facts that the investigation was complete and the trial would be protracted, thus justifying the grant of bail.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.333/2021 of Police Station ACB Jalore Chowki, District CPS Jaipur for the offence punishable under Section 7 of Prevention of Corruption (Amended) Act, 2018. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the challan of the case has already been presented. Counsel further submits that no investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Vikram Rana S/o Shri Soma Ram shall be released on bail in connection with FIR No.333/2021 of Police Station ACB Jalore Chowki, District CPS Jaipur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent 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.

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