Bail can be granted when the accused has been in custody for an extended period, and the trial is triable by Magistrate, without commenting on the case's merits.

ORDER :

KULDEEP MATHUR, J.

1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 80/2023 registered at Police Station Pratapgarh, District Pratapgarh for the offence under Sections 406, 420 and 120-B of IPC.

2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The main allegation of conspiracy and creating forge company and extorting money from various persons by duping them are against other co-accused Upendra Singh Rudradev, Gyan Prakash, Lallan Kumar, Ranjan Kumar, Kajal Jha, Rajni Singh and Sokhilal. Learned counsel further submits that no amount was transferred into the bank account of petitioner. The entire amount obtained from various complainant was deposited in the account maintained by co- accused Upendra Singh Rudradev and in their company’s account. It is also submitted that petitioner was appointed by co-accused Upendra Singh Rudradev on fixed payment. The accused- petitioner is in custody since long and the trial of the case may take considerable time. The offences alleged to have been committed by the petitioner are triable by Magistrate, therefore, the petitioner may be enlarged on bail.

3. Learned Public Prosecutor opposed the grant of bail application.

4. Heard and perused the material available on the record. The allegation of procuring the money from various complainant by assuring them to appoint in the company is against co-accused namely Upendra Singh Rudradev and other co-accused. The entire amount obtained from the various complainant were also deposited in the account maintained by other co-accused, the other FIR instituted against the petitioner are also related to the same act.

5. Considering the above facts and taking into the consideration that the matter is exclusively triable by Magistrate, without expressing anything on the merit of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Santosh Shankar Rao S/o Shri Shankar Rav Patil, in connection with FIR No. 80/2023 registered at Police Station Pratapgarh, District Pratapgarh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.