Hemant Kumar 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.85/2023, registered at Police Station Merta Road (Nagaur), District Nagaur, for offences under Sections 420 & 406 of the IPC.

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

Drawing attention of the Court towards the charge-sheet, learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate. Learned counsel submitted that the investigation against the petitioner has already been completed and the investigating agency has filed charge-sheet against the petitioner before the competent criminal court on 18.10.2023 for the offences under Sections 420 and 406 of the IPC. The petitioner who is aged about 22 years is in judicial custody since 10.09.2023 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 has opposed the bail application. However, he was not in a position to refute the fact that the offences alleged to have been committed by the petitioner are triable by Magistrate and the investigation against him has already been completed.

Having considered the rival submissions, facts and circumstances of the case, this Court also prima facie finds that the offences alleged to have been committed by the petitioner are triable by Magistrate and the petitioner does not have any criminal antecedents. This Court also prima facie finds that the investigation against him has already been completed. 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 Hemant Kumar S/o Gulkesh Kumar, arrested in connection with F.I.R. No.85/2023, registered at Police Station Merta Road (Nagaur), District Nagaur, 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.