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Judgment
8 paragraphs · 322 wordsKuldeep 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.376/2023, registered at Police Station Udaimandir, District Jodhpur City (East), for offences under Sections 420 & 406 IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
Learned counsel for the petitioner submitted that an amount of Rs.2,50,000/- allegedly defrauded by the petitioner has been returned to the complainant. Learned counsel submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate. Learned counsel further submitted that the challan of the case has already been filed; the petitioner is in judicial custody since 26.07.2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. However, learned counsel for the complainant was not in a position to refute the fact that the entire amount of Rs.2,50,000/-allegedly defrauded by the petitioner has already been restored to the complainant.
Having considered the rival submissions, facts and circumstances of the case, 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 Brij Kumar
Wadhwani S/o Sh. Santosh Kumar Wadhwani arrested in connection with F.I.R. No.376/2023, 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.