Krishan Lal @ Kalyandas 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 custody in connection with F.I.R. No.183/2018, Police Station Nokha, District Bikaner for the offences under Sections 420, 406 & 120-B of IPC.

Heard learned counsels for the parties. Perused the material available on record.

It is submitted by learned counsel for the petitioner that charge sheet in the matter has been filed. He further undertakes that the amount of Rs.2,00,000/- (Rupees: Two Lac Only) will be paid to the complainant within a period of four weeks from the release of the petitioner from Jail. He also submits that if the amount due to the complainant is not repaid within the stipulated period then the order passed for releasing him on bail shall automatically come to an end. 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 & learned counsel for the complainant have vehemently opposed the bail and submits that if the amount due is not deposited by the petitioner in view of the undertaking given above, they will be free to move the cancellation of the bail granted by this Court.

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 present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Krishan Lal @ Kalyandas S/o Shankar Lal arrested in connection with F.I.R. No.183/2018, Police Station Nokha, District Bikaner 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.

It is made clear that the petitioner shall repay the amount in view of the undertaking submitted above within the stipulated period failing which learned counsel for the complainant is free to move application for cancellation of bail.