Kalu vs State Of Rajasthan

Devendra Kachhawaha, J

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. 37/2022, Police Station Railmagra, registered for the offences punishable under Sections 379/34 of the Indian Penal Code.

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

Learned counsel for the petitioner stated that the offences are triable by the Magistrate; that the accused-petitioner is in judicial custody since 10.02.2022; that the brother of the petitioner (Kalu) expired on 26.02.2022; that no investigation or recovery is pending against the accused-petitioner; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor, while submitting a copy of the factual report, has opposed the bail application of the accused-petitioner and stated that earlier, three other cases have been registered against the accused-petitioner and in one of them, the petitioner has been convicted for the offences punishable under Section 8/25 of the NDPS Act.

Having regard to the facts and circumstances of the case, particularly looking to the facts that the alleged offences are triable by the First Class Magistrate; that as per factual report, charge-sheet has already been filed in this case; and that 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 petitioner, Kalu S/o Bherulal, arrested in connection with F.I.R. No. 37/2022, Police Station Railmagra, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two surety bonds 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.