AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 334 wordsKuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.881/2022 registered at Police Station Pratap Nagar District Bhilwara, for offences under Sections 395 and 120-B of the IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further contended that the amount allegedly looted by the petitioner from the complainant has already been recovered. Learned counsel submitted that the investigation against the present petitioner has been completed and challan against him has been filed before the competent criminal court. Learned counsel submitted that the petitioner is in judicial custody since 11.11.2022 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the petitioner is in judicial custody since 11.11.2022. This Court also prima facie finds that the investigation against the present petitioner has already been completed and the amount allegedly looted by the petitioner from the complainant has already been recovered. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Rakesh S/o Narayan Balai, arrested in connection with F.I.R. No.881/2022 registered at Police Station Pratap Nagar District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.