Bhuraram Suthar vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.417/2023, registered at Police Station Udaimandir, District Jodhpur City East, for the offences under Sections 420, 467, 468, 471 and 120-B of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate.

Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.03.2024 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the offences alleged to have been committed by the petitioner are triable by Magistrate. This Court also prima facie finds that no recovery is due to be made from the present petitioner; the prosecution has also not shown any apprehension of the present petitioner influencing the prosecution’s material witnesses or tampering with the evidence and fleeing away from justice in case, he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Bhuraram Suthar S/o Late Sh. Rugnath Suthar arrested in connection with F.I.R. No.417/2023, registered at Police Station Udaimandir, District Jodhpur City East, 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.