Damodar Prasad vs The State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

Contention of learned Counsel for petitioner is that this is the first offence of the petitioner, which is u/s 379 IPC, and the maximum sentence prescribed therefore is three years imprisonment and the offence is triable by a court of Magistrate; there is no previous case ever registered against the petitioner; investigation is almost complete; the petitioner would undertake not to indulgence in such or any other offence in future.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Damodar Prasad Son of Hanuman on bail u/s 439 Cr.P.C., in FIR No. 482/2010, Police Station Kotputli, District Jaipur, u/s 379 IPC, provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this Court in the present case and in other two pending cases against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.

The bail application stands disposed of.