Kailash vs State Of Rajasthan

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

No.02/2021, Police Station Matoda, District Jodhpur Rural, registered for the offence under Sections 3/25 of Arms Act.

Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available

on record.

Learned counsel for the petitioner stated that offence is triable by Magistrate; further investigation and trial will take time; petitioner's mother had

expired on 10.02.2021. In support of his contention, he has submitted a photostate copy of certificate issued by Sarpanch, Gram Panchayat

Hansadesh, Gram Samiti Lohawat, District Jodhpur. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be

granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application and stated that one old rusted pistol has been recovered from the accused-

petitioner. He further stated that six other cases are pending against the accused-petitioner.

Having regard to the facts and circumstances of the case, particularly to the facts that offence is triable by Magistrate; petitioner's mother expired on

10.02.2021; further investigation and the 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 is allowed. It is ordered that the accused-petitioner - Kailash S/o Champa Lal, arrested in connection with F.I.R.

No.02/2021, Police Station Matoda, District Jodhpur Rural, shall be released on bail, if not wanted in any other case; provided he furnishes a personal

bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.