Somraj vs State Of Rajasthan

Dr. Nupur Bhati, J

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material on record.

The petitioner has been arrested in FIR No.36/2023 dated 25.02.2023 registered at Police Station Vivek Vihar, District Jodhpur City West for the offences punishable under Sections 419, 420, 465, 471 and 120-B IPC and Sections 3, 7 and 10 of Rajasthan Public Examination Act, 2022. He has preferred second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the first bail application of the petitioner was dismissed vide order dated 17.03.2023 while granting him liberty to come before the Court after filing of the charge-sheet. He further submits that now, the charge-sheet has been filed.

Learned Public Prosecutor opposes the bail application and submits that in the charge-sheet, there is a specific finding that there is no criminal antecedent against the petitioner.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case and considering the fact that the trial will consume time, I deem it just and proper to grant second bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner- Somraj S/o Shri Manphul in connection with FIR No.36/2023 dated 25.02.2023 registered at Police Station Vivek Vihar, District Jodhpur City West, shall be released on bail; provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.