The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applications.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the filing of the charge-sheet, the granting of bail to co-accused, and the anticipated delay in trial. The decision emphasized the presumption of innocence and the need for fair treatment in the judicial process.
Fact of the Case:

The petitioner, Rahul, is in judicial custody for an offence under Sections 341 and 395 IPC, and has filed a bail application after the charge-sheet was submitted.
Finding of the Court:

The court noted that co-accused had been granted bail and that the trial would take a significant amount of time, leading to the conclusion that the bail application should be accepted.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case and the status of co-accused.
Ratio Decidendi: The court highlighted that the filing of the charge-sheet and the granting of bail to co-accused are significant factors in determining the grant of bail, alongside the expected duration of the trial.
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.143/2021, Police Station Dobra, District Dungarpur, registered for the offence punishable under Sections 341 and 395 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 petitioner has falsely been implicated in this case; charge-sheet has been filed; co-accused Pankaj and Anr. have already been granted benefit of bail; 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.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; benefit of bail has already been granted to co-accused persons namely, Pankaj @ Someshwar @ Soma S/o Sukhlal and Pankaj S/o Ramesh by this Court vide order dated 14.09.2021 (Bail Application No.11746/2021); 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 - Rahul S/o Babulal, arrested in connection with F.I.R. No.143/2021, Police Station Dobra, District

7. Dungarpur, 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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