Jagdish @ J.D. Don And Ors vs State

S.B. Criminal Miscellaneous II Bail Application No. 1961/2020 :

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR

No.315/2019, Police Station Choti Sadri, District Pratapgarh for the offence punishable under Sections 341, 323, 382 and 394/34 of IPC.

The first bail application of the petitioner was dismissed on 08/01/2020 by this Court.

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

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the charge-sheet has been filed. The petitioner

has suffered incarceration for more than two months. The conclusion of trial will take sufficiently 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 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 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jagdish @ J.D. Don S/o Gopi Lal

Bavri, shall be released on bail in connection with FIR No. 315/2019, Police Station Choti Sadri, District Pratapgarh provided he furnishes a personal

bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand

Only) 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.

S.B. Criminal Miscellaneous Bail Application No. 1962/2020 :

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.315/2019, Police Station Chhotisadri, District Pratapgarh, for the offences under Sections 323, 341 and 382 of IPC.

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

It is submitted by learned counsel for the petitioner that charge sheet in the matter has been filed. There are no cases of like nature pending/decided

against the present petitioner. The petitioner has suffered incarceration for more than five months. The conclusion of trial will take sufficiently long

time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Deepak Bavri S/o Shri Dashrath Bavri arrested in connection

with F.I.R. No. 315/2019, Police Station Chhotisadri, District Pratapgarh 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.