Kesa Ram vs State of Rajasthan

The present bail application (bail jump) has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 116/2007, Police Station Pratapnagar, District Jodhpur for the offences under Sections 419 & 420 of I.P.C.

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 the petitioner is facing trial for the aforesaid offences. He was granted bail earlier but he failed to appear before the learned trial court on the date fixed for his appearance, therefore, he jumped the bail. The petitioner is ready to submit his bail bonds and shall continue to appear before the trial court on each and every date of hearing fixed by the trial court and shall not jump the bail again.

Learned Public Prosecutor opposes the bail application. Having considered the totality of facts and circumstances of the case and the arguments advanced, this Court thinks it just and proper to enlarge the accused-petitioner on bail. However, it is made clear that last opportunity is granted to the present petitioner in the case and if he commits default in appearing before the learned trial Court on the date fixed and will jump the bail again, no leniency will be granted to him in the future.

Accordingly, this bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner - Kesa Ram S/o Mehra Ram be released on bail in F.I.R. No. 116/2007, Police Station Pratapnagar, District Jodhpur provided he furnishes a personal bond for a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs. 50,000/- (Rupees: Fifty 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. The petitioner is also required to comply with the order passed under Section 446 Cr.P.C.