Shyam Lal. vs State of Rajasthan

Sandeep Mehta, J.—Heard learned counsel for the parties. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has been filed by the petitioner who is in custody in connection with F.I.R. No.43/2008, Police Station Bhopalgarh for offences under Sections 461/34 and 411 IPC.

The petitioner was summoned in this case on 5.6.2014 through production warrant. He thereafter absconded from the prison on 27.11.2014 and was re-arrested on 7.12.2014. As per the learned counsel for the petitioner, the petitioner has remained in custody for about two years. He has been charged for the offence under Section 461/34 IPC which carries a maximum punishment of two years.

Thus, having regard to the overall facts and circumstances of the case and looking to the petitioner''s prolonged custody of two years, but without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for grant of bail to the petitioner.

Accordingly, this bail application is allowed and it is directed that the petitioner Shyam Lal arrested in connection with the F.I.R. No.43/2008, Police Station Bhopalgarh, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.