Jagdish vs State Of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.129/2020, Police Station Dangiawas, District Jodhpur for the offence under Sections 5/25(1A) & 8/25(3) (1-B)(C) of Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that in the identical situation the co-ordinate Bench of this Court has granted the bail to the petitioner vide order dated 22.10.2020 (In Criminal Misc. Bail Application No.9921/2020). Learned counsel submits that the case of the present petitioner, therefore, is not different from the case in which he has been enlarged on bail. The conclusion of the trial will take sufficient long time. Therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Jagdish S/o Balu Ram arrested in connection with F.I.R. No.129/2020, Police Station Dangiawas, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.