Basant Kumar vs State Of Rajasthan

Dr. Nupur Bhati, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.65/2023 dated 22.03.2023, registered at Police Station Bhagat Ki Kothi, District Jodhpur, for the offences under Sections 457 and 380 of IPC.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the allegation against the petitioner is in regard to the theft of jewellery items from the complainant. He further submits that offences alleged against the petitioner are triable by Magistrate; he is behind the bars since 31.03.2023, and therefore, the petitioner may be enlarged on bail.

Per contra, learned GA-cum-AAG as well as learned counsel for the complainant have opposed the bail application.

Heard. Perused the material available on record.

In view of above and, having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Basant Kumar S/o Amar Nath, arrested in relation to the F.I.R. No.65/2023 dated 22.03.2023, registered at Police Station Bhagat Ki Kothi, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds 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.