Suresh @ Toofan vs State

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.204/2009 registered at Police Station Shastri Nagar, Jodhpur for the offences punishable under Sections 307, 323, 394/34 of IPC.

Learned counsel for the petitioner submits that the petitioner was granted bail but he failed to appear before the learned trial court on the date fixed for his appearance and therefore, he jumped the bail.

Learned counsel for the petitioner further submits that the petitioner is in custody for last more than 40 days. It is also contended that due to severe illness, the treatment of the petitioner is going on.

Learned counsel for the petitioner however, submitted that the petitioner is ready to submit his bail bonds and shall continue to appear before the learned trial court on each and every date of hearing fixed by the trial court and shall not jump the bail again.

Having considered the totality of facts and circumstances of the case and the arguments advanced, this Court deems it just and proper to enlarge the accused petitioner on bail.

Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Suresh @ Toofan S/o Bheru Lal, shall be released on bail in F.I.R. No. 204/2009 registered at Police Station Shastri Nagar, Jodhpur provided he furnishes a personal bond for a sum of Rs.50,000/- with two surety bonds of Rs. 25000/- 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. The petitioner is also required to comply with the order passed under Section 446 Cr.P.C.