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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ANIL KUMAR UPMAN, J
HEMRAJ @ HEMU S/O SANJAY SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.140/2024 registered at Police Station Gahnoli Mod, District Bharatpur (Raj.) for the offence punishable under Section 392 of IPC.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offence is triable by Magistrate. He further submits that charge-sheet has been filed in this matter. He argues that the petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is a habitual offender and six other cases have also been registered against him.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that charge-sheet has been filed in this matter; alleged offence is triable by Magistrate as w
Bail may be granted when charge-sheet is filed, the accused is in custody, and the offence is triable by Magistrate.
The court emphasized that prolonged custody and the potential delay in trial are valid grounds for granting bail, irrespective of the accused's criminal record.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court granted bail based on the completion of the investigation and the civil nature of the allegations, emphasizing that the charges are triable by a Magistrate.
The court granted bail under Section 439 Cr.P.C. citing no fruitful purpose for further custody due to the civil nature of the dispute and previous bail granted in related matters.
Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.
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