The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 Cr.P.C. considering the nature of the offences, the fact that the petitioner had been in custody since June 22, 2021, and the anticipated delay in trial. The court emphasized that the offences were triable by a Magistrate and that a charge-sheet had already been filed, which influenced its decision to allow bail without commenting on the case's merits.
Fact of the Case:

The petitioner, Mukesh, is in judicial custody for offences under Sections 457, 380, and 411 of the IPC, related to F.I.R. No.7/2021. He has been in custody since June 22, 2021, and the trial is expected to take a long time.
Finding of the Court:

The court found that the offences are triable by a First Class Magistrate, a charge-sheet has been filed, and the petitioner has been in custody for an extended period, which warranted the granting of bail.
Issues: Whether the petitioner is entitled to bail considering the nature of the offences, the duration of custody, and the status of the trial.
Ratio Decidendi: The court held that the prolonged custody of the petitioner, combined with the nature of the offences being triable by a Magistrate and the filing of a charge-sheet, justified the granting of bail.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

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.7/2021, Police Station Sadar Chittorgarh, District Chittorgarh, registered for the offence punishable under Sections 457, 380 and 411 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 offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.06.2021; 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 ten other cases were registered against the accused-petitioner and out of the registered cases, most of the cases are of similar nature.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.06.2021; 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.

6. Consequently, the bail application is allowed. It is ordered that the petitioner - Mukesh S/o Prabhulal, arrested in connection with F.I.R. No.7/2021, Police Station Sadar Chittorgarh, District Chittorgarh, 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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