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Judgment
13 paragraphs · 277 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Case No. 140/2013 pending
before the Judicial Magistrate, Tonk, for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short 'the Act of 1881).
It is contended by the learned counsel for the petitioner that on account of illness of his mother, who died later on, he could not attend the trial under
Section 138 of the Act of 1881 before the learned trial Court. He submits that the petitioner is in custody since 05.11.2020, trial of the case will take
time, he has no criminal antecedents, he has already deposited the amount of fine in the proceedings initiated under Section 446 Cr.P.C. and prays for
his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegations against him, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of
the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Rajkumar S/o Mahendra shall be released on bail under Section
439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of
the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.