Kumbha Ram vs State Of Rajasthan

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.02/2023 registered at Police Station Kuchera, District Nagaur, for offences under Sections 323, 341, 436 and 504 IPC.

Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that challan against the petitioner has been filed for the offences punishable under Sections 323, 341, 436, 504 and 34 IPC. Learned counsel submitted that except the offence under Section 436 IPC alleged to have been committed by the petitioner, all remaining offences are triable by Court of Magistrate. Learned counsel submitted that the petitioner is behind the bars for last more than six months. He further submitted that since challan has already been filed and trial of the case is likely to consume sufficiently long time, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case and looking to the custody period of the petitioner but, without expressing any opinion on 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 under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kumbha Ram S/o Moda Ram arrested in connection with F.I.R. No.02/2023 registered at Police Station Kuchera, District Nagaur, 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.