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2021 DIGILAW 1139 (RAJ)

Ishwar Choudhary v. State Of Rajasthan

2021-07-15

DEVENDRA KACHHAWAHA

body2021
JUDGMENT 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.38/2020 registered at Police Station Malpura Gate, Jaipur (East), registered for the offences punishable under Sections 420, 406 & 120-B of IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel appearing for the petitioner stated that offences are triable by the Magistrate; charge sheet has been filed; trial of the case will take long time. Learned counsel further stated that in the offences of similar nature, benefit of bail have already been granted to the accused-petitioner by the Co-ordinate Bench of this Court. With these submissions, learned counsel for the petitioner prayed that in the present case, benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor fervently and vehemently opposed the bail application and stated that earlier 9 other cases have been registered against the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly to the facts that in similar nature of other cases, benefit of bail have already been granted to the accused- petitioner; offences are triable by the Magistrate; charge-sheet has been filed and the trial of the case will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Ishwar Choudhary S/o Late Shri Bhagwan Das Choudhary, arrested in connection with F.I.R. No.38/2020 registered at Police Station Malpura Gate, Jaipur (East), shall be released on bail, if not wanted in any other case, 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.