Heer Singh vs State Of Rajasthan

Madan Gopal Vyas, J

The petitioner has been arrested in connection with FIR No.36/2023 of Police Station Dechu, District Jodhpur for the offences punishable under Section 392, 384 & 385/34 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offences are triable by the First Class Magistrate. Learned counsel also submits that co-accused Hathi Singh has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 31.05.2023. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is a habitual offender.

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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Heer Singh S/o Sh. Nensingh shall be released on bail in connection with FIR No.36/2023 of Police Station Dechu, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent 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. The petitioner is further directed not to take undue advantage of liberty or misuse liberty.