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2021 DIGILAW 1195 (RAJ)

Ishwar Choudhary v. State Of Rajasthan

2021-07-23

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 custody in connection with F.I.R. No.53/2021, Police Station Pratap Nagar, District Jaipur, for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code (rejection order dated 27.05.2021 has been passed for the offences punishable under Sections 420 and 406 of the I.P.C.). 2. Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person. Perused the material available on record. 3. Learned counsel for the petitioner stated that offences are triable by the Magistrate; that in similar nature case, benefit of bail has been granted to the accused by this Court; charge-sheet has been filed and the trial will take long time. With these submis- sions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that nine other cases of likewise nature have been registered against the accused- petitioner. 5. Having regard to the totality of facts and circumstances, par- ticularly to the fact that offences are triable by the Magistrate; charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on merits/demer- its 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 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.53/2021, Police Station Pratap Nagar, District Jaipur, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- (Twenty Five Thousand Only) 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.