Arvind Kumar vs State Of Rajasthan

Manoj Kumar Garg, J

The present second 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.185/2022, Police Station Bichiwara, District Dungarpur registered for the offence punishable under Sections 341, 323, 326 and 308/34 of the IPC.

The first bail application was dismissed as not pressed by co-ordinate Bench of this Court vide order dated 03.08.2022 with liberty to file afresh after filing of the charge-sheet.

Learned counsel for the petitioner submits that now charge-sheet has been filed under Sections 341, 323, 326 and 308/34 of the IPC. The injured has already been discharged from the hospital. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer of bail.

I have considered the arguments advanced before me and gone through the material available on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Arvind Kumar S/o Vallabh Krishan, shall be released on bail in connection with F.I.R. No.185/2022, Police Station Bichiwara, District Dungarpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.