The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering that the offence was triable by a Magistrate, no pending recovery or investigation against the petitioner, and the anticipated delay in trial. The court emphasized the importance of these factors in its decision to allow bail, reflecting a balanced approach to the rights of the accused and the interests of justice.
Fact of the Case:

The petitioner, Sachin, is in judicial custody for an offence under Section 379 IPC, with F.I.R. No.399/2021 registered at Police Station Mahamandir, Jodhpur. The petitioner applied for bail, arguing that the case is triable by a Magistrate and that no recovery or investigation is pending.
Finding of the Court:

The court noted the absence of pending investigations and the nature of the offence being triable by a First Class Magistrate. It acknowledged the potential delay in the trial process and decided to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner is entitled to bail considering the nature of the offence, the status of the investigation, and previous cases against him.
Ratio Decidendi: The court established that the lack of pending investigations and the nature of the offence being triable by a Magistrate are significant factors in determining the grant of bail, alongside the potential delay in trial.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties, with conditions to appear before the trial court.

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.399/2021, Police Station Mahamandir, District Jodhpur, registered for the offence punishable under Section 379 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that offence is triable by Magistrate; no recovery or investigation 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 earlier two cases of similar nature had been registered against the accused-petitioner.

5. In reply, learned counsel for the petitioner stated that out of two cases, in one case benefit of bail has been granted to the petitioner by learned trial Court.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that offence is triable by First Class Magistrate; no recovery or investigation is pending against the accused-petitioner; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the petitioner - Sachin S/o Koja Ram, arrested in connection with F.I.R. No.399/2021, Police Station Mahamandir, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with 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.

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