Prabhulal vs State

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all

concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.25/2021 of Police Station Devgarh, District Pratapgarh for the offence punishable under

Section 436 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the allegations are not serious enough so as to warrant the continuance of custody of the petitioner in

this case at this stage.

He further submits that it was a matrimonial dispute, which resulted in the aggravated altercation whereby the petitioner has caused damage to the hut

of his in-law's family by setting the same on fire. He also submits that charge sheet in this case has already been filed.

Learned Public Prosecutor though opposed the bail application, but he submits that the charge sheet in this case has been filed on 16.04.2021.

Having regard to the totality of the facts and circumstances of the case as also the fact that the charge sheet in this case has already been filed and

conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and

proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Prabhulal S/o Shri Nagji Meena shall be

released on bail in connection with FIR No.25/2021 of Police Station Devgarh, District Pratapgarh provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.