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Judgment
18 paragraphs · 354 wordsThe present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.489/2020, Police Station Mahamandir, Jodhpur for the offences under Sections 452, 506, 386 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that after rejection of the first bail application of the petitioner on 05.01.2021, the charge-sheet in
the case has been filed. He further submits that the offenses alleged against the petitioner are triable by Magistrate. The conclusion of trial will take
sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application and vehemently submit that the
petitioner is a habitual offender and will create nuisance in the area where the complainant resides.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the present second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused- petitioner Poonam Singh
S/o Sh. Ram Singh arrested in connection with F.I.R. No.489/2020, Police Station Mahamandir, Jodhpur shall be released on bail; provided he
furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.
However, it is made clear that if the petitioner is found involved in any other criminal activities after his release from Jail, no leniency will be extended
while considering his bail application. It is also made clear taht in case any other case is registered agaisnt the present petitioner, the complainant will
be free to move the application for cancellation of this bail application.
