Jagdish vs State

Devendra Kachhawaha, J

In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the

matter is being taken up only through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.10/2021, Police Station Sanderao, Dist. Pali for the offences punishable under Sections 353, 307/34 I.P.C. & Section 3/25 of the Arms Act.

Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present in person. Perused the material available

on record.

It is submitted by learned counsel for the petitioner that there is allegation of firing shots in air against the accused- petitioner; accused-petitioner is

behind the bars since 11.02.2021; charge-sheet has been filed; and trial will take time; therefore, it is prayed that the petitioner may be enlarged on

bail.

Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that earlier six other cases are registered

against the accused-petitioner.

Having regard to the facts and circumstances of the case and particularly looking to the facts that no injury is caused to anyone by the accused-

petitioner; accused-petitioner is behind bars since arrest i.e. from 11.02.2021; charge-sheet has been filed; and trial will take sufficiently long time,

therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner

deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jagdish @ Jamba Ram @ Jamta

Ram @ J.d. arrested in connection with F.I.R. No.10/2021, Police Station Sanderao, Dist. Pali 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.