Sunil Kumar S/o Krishna Mali vs The State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.276/2004, registered at Police Station

Sadar, District Sri Ganganagar for the offences under Sections

279, 337 and 338 IPC.

The petitioner was facing trial in the Court below for the

above offences which are bailable. He jumped bail on 12.9.2007

and was rearrested on 28.4.2017. An explanation has been

furnished that the matter had been settled amicably between the

parties and thus, the petitioner did not come to attend the Court

in the bonafide belief that the case had ended.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on merits of the case, this Court is of the opinion that the

petitioner deserves to be granted one more opportunity to face

trial while being on bail subject to condition that he shall

henceforth, remain present on each and every date of hearing

before the trial court.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed subject to the condition noted above and it is directed that

the petitioner Sunil Kumar arrested in connection with the F.I.R.

No.276/2004, registered at Police Station Sadar, District Sri

Ganganagar shall be released on bail provided he furnishes a

personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/-

each (out of which one shall be a local surety) 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.