Padam Kumar vs State Of Rajasthan

Farjand Ali, J

Learned counsel Mr. Anuj Sahlot seeks to withdraw S.B. Criminal Miscellaneous Bail Application No.418/2024, which has been inadvertently filed despite another bail application for the same accused being pending.

Accordingly, S.B. Criminal Miscellaneous Bail Application No.418/2024 is dismissed as withdrawn.

The jurisdiction of this Court has been invoked by way of filing S.B. Criminal Misc. Bail Application No.415/2024 under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1.

FIR Number

266/2022

2.

Concerned Police Station

Dhariyavad

3.

District

Pratapgarh

4.

Offences alleged in the FIR

Under  Sections  420,  467,

468, 471 and 120-B of the IPC

5.

Offences added, if any

-

6.

Date order

of

passing

of

impugned

03.01.2024

It is contended on behalf of the accused-petitioner that the offences alleged are triable by a Court of magistrate. No case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made accused based on conjectures and surmises. The co-accused of the case has already been released on bail.

Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. This Court has elaborately dealt with the bail jurisprudence pertaining to offences which are triable by a court of Magistrate and has passed a detailed order in Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein and since there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant bail application (S.B. Criminal Misc. Bail Application No.415/2024) under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.