Mukesh S/O Prabhulal vs State Of Rajasthan

Devendra Kachhawaha, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.7/2021, Police Station Sadar Chittorgarh, District Chittorgarh, registered for the offence punishable under Sections 457, 380 and 411 of the Indian Penal Code.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.06.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier ten other cases were registered against the accused-petitioner and out of the registered cases, most of the cases are of similar nature.

Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-sheet has been filed; petitioner is behind the bars since 22.06.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the 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 is allowed. It is ordered that the petitioner - Mukesh S/o Prabhulal, arrested in connection with F.I.R. No.7/2021, Police Station Sadar Chittorgarh, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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.