Rajendra Kumar vs State Of Rajasthan And Others

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application 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

103/2023

2.

Concerned Police Station

Raipur

3.

District

Bhilwara

4.

Offences alleged in the FIR

Under Section 409 of the IPC

5.

Offences added, if any

-

6.

Date of passing of impugned order

22.12.2023

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 an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor 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 FIR of this case revealing that the allegations are mainly against the accused Jaya Choudhary, her husband Jagdish Choudhary, her mother Kamla Choudhary and brother Vikram Choudhary. No specific role of the petitioner has been mentioned therein. Prima facie, it is revealing that the case is exclusively triable by a Court of Magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant bail application 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.