Randhir @ Dheera vs State Of Rajasthan

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.08/2020, Police Station Jawarmines, District Udaipur, for the offences under Sections 393, 511, 34 IPC and Section 4/25 of Arms Act.

Learned counsel for the petitioner submits that the petitioner is behind bars since 04.03.2020 for an offence which is triable by the Magistrate. He further submits that no recovery remains to be effected from the petitioner and trial will take considerable time.

Learned Public Prosecutor opposing the bail application submitted that the Trial Court has rightly rejected the bail application of the accused as two cases - one for the offence under Section 379 IPC and another for the offence under Sections 457 & 380 IPC are pending against him.

Having regard to the facts and circumstances of the case, particularly that the trial is likely to take some time; without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Randhir @ Dheera S/o Majendra Singh, arrested in FIR No.08/2020, Police Station Jawarmines, District Udaipur, shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 26.06.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.