Bail may be granted when the accused is not likely to influence witnesses and the investigation is concluded, especially if the recovery of the alleged stolen property has occurred.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.196/2015, registered at Police Station Gudamalani, District Barmer, for offence under Section 397 of IPC.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Learned counsel for the petitioner submitted that as per the prosecution, the petitioner who was armed with a deadly weapon looted Tavera vehicle bearing registration No. RJ-04-UA-1729 of the complainant by putting him under a fear of death. Learned counsel submitted that the petitioner has been falsely implicated in the present case.

4. Learned counsel submitted that the vehicle allegedly looted by the petitioner has already been recovered by the Investigating Agency; the petitioner is in judicial custody; the investigation against him has already been concluded; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, learned counsel for the complainant submitted that during the pendency of the present bail application the parties have entered into a compromise to settle their disputes amicably in the spirit of Lok Adalat and thus he has no objection if the petitioner is enlarged on bail.

6. Having considered the rival submissions, facts and circumstances of the case and particularly the facts that the aforesaid Tavera vehicle allegedly looted by the petitioner has already been recovered by the Investigating Agency and the learned Public Prosecutor has not shown any apprehension of the petitioner influencing the material prosecution witnesses of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Jasraj @ Jaswant S/o Ratnaram, arrested in connection with F.I.R. No.196/2015, registered at Police Station Gudamalani, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.