Manohar Singh Budaniya vs The State of Raj.

Mahesh Bhagwati, J.—This order governs the disposal of second bail application filed u/s 439 of Code of Criminal Procedure by Shri Manish Gupta, Advocate on behalf of the applicant Manohar Singh Budaniay, pertaining to F.I.R. No. 188/2010 of police station Kotwali, Jhunjhunu, registered for the offences u/s 420, 406 and 120-B of IPC.

Heard the learned Counsel for the Petitioner as also learned Public Prosecutor for the State and perused the material on record.

Learned Counsel for the Petitioner canvassed that he has been falsely embroiled in the instant case. However, he has deposited Rs. 4,00,000/- (Rs. four lacs) with the Court of Chief Judicial Magistrate, Jhunjhunu wherein the case has been pending trial. The police after completion of investigation has filed the charge-sheet and the trial of the case is likely to take time to conclude and the offences wherein the Petitioner is entailed, are triable by the Court of Judicial Magistrate First Class. Hence, in view of these circumstances, the Petitioner may be granted indulgence of bail.

Learned Public Prosecutor appearing for the State has opposed the bail petition.

Having considered the submissions made at the bar and carefully perused the relevant material on record, I, sans expressing any opinion on the merits of the case but keeping in view the fact that the offence of triable by the Court of Judicial Magistrate, the Police has submitted the charge-sheet after completion of investigation and the Petitioner has deposited Rs. four lacs with the learned trial Court, do feel inclined to grant indulgence of bail to the Petitioner and his second bail petition is allowed.

It is, therefore, ordered that the bail application filed on behalf of the Petitioner Manohar Singh Budaniya S/o Bhoma Ram Budaniya is allowed and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand only) together two surety bonds each of Rs. 25,000/- (Rs. Twenty Five thousand) to the satisfaction of the learned trial Court with the stipulation that he shall appear before the learned trial Court on all dates of hearing and as and when called upon to do so till the trial is concluded.