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Judgment
7 paragraphs · 357 words@JUDGEMENT- JUDGEMENT
Kuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.31/2013, registered at Police Station Shri Dungargarh, District Bikaner, for offences under Sections 420, 406 & 120-B of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the offences alleged to have been committed by the present petitioner are triable by Magistrate. Learned counsel for the petitioner submitted that the co-accused – Mehul Bhai has already been enlarged on bail by the competent criminal court. Learned counsel for the petitioner further submitted that the case of present petitioner is not distinguishable from that of co-accused – Mehul Bhai, who has already been enlarged on bail by the competent criminal court. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the offences alleged to have been committed by the present petitioner are triable by Magistrate. This Court also pima facie finds that the case of the present petitioner is not distinguishable from that of co-accused – Mehul Bhai, who has already been enlarged on bail by the competent criminal court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the accused-petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kamlesh S/o Ballabh Bhai, arrested in connection with F.I.R. No.31/2013, registered at Police Station Shri Dungargarh, District Bikaner, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.