The court established that bail can be granted under Section 439 of the Cr.P.C. when the nature of the offences and the circumstances of the case justify such a decision.

ORDER

1. This IInd Bail Application has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No. 356/2021, Police Station Sujangarh, District Churu, for the offences under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.

2. Learned counsel for the applicant submitted that after filing supplementary charge-sheet, the other co-accused, including Sunil Chanwariya, who was the beneficiary of the purported forged documents has been enlarged on bail by a co-ordinate Bench of this Court and the applicant is behind bars for a period of more than six months for the offences alleged.

3. Learned counsel submitted that the offences alleged are triable by Magistrate and trial is likely to take sufficient time, hence, the applicant be enlarged on bail.

4. Learned Public Prosecutor and learned counsel appearing for the complainant submitted that there are 12 cases of like nature against the applicant and thus, the benefit of bail not be granted to him.

5. At this juncture, learned counsel for the applicant submitted that the petitioner has been acquitted in three cases and one FIR has been quashed by this Court and therefore, the stand of the learned Public Prosecutor and learned counsel for the complainant is factually incorrect.

6. Be that as it may.

7. Heard learned counsel for the applicant and learned Public Prosecutor and also perused the material available on record.

8. Having regards to the facts and circumstances of the case and considering that offences are triable by Magistrate and other co-accused, including, the main beneficiary of the transaction (Sunil Chanwariya) has been enlarged on bail, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C.

9. Consequently, the IInd Bail Application filed under Section 439 Cr.P.C. is allowed. It is ordered that applicant Nirmal Bhartiya S/o Sh. Shiv Bhagwan Bhartiya arrested in connection with FIR No. 356/2021, Police Station Sujangarh, District Churu shall be released on bail; provided he executes personal bond in the sum of Rs. 50,000/- and two sureties 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.

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

11. 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.