High CourtsSingle Bench

Mukesh vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 29 November 2023 · Citation: (2023) 11 RAJ CK 0116

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 406, 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14991 Of 2023
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Judgment

6 paragraphs · 255 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.87/2023 of Police Station Borunda, for the offence punishable under Sections 420, 406 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed vide order dated 05.10.2023 by this Court as not pressed with liberty to file afresh after filing of the challan.

Learned counsel for the petitioner submits that offences are triable by Magistrate and now challan of the case has been presented. The accused-petitioner is in judicial custody since 20.08.2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mukesh S/o Debu Ram, shall be released on bail in connection with FIR No.87/2023 of Police Station Borunda, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.