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2021 DIGILAW 1976 (RAJ)

Sachin v. State of Rajasthan

2021-10-20

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - 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.399/2021, Police Station Mahamandir, District Jodhpur, registered for the offence punishable under Section 379 of the Indian Penal Code. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that offence is triable by Magistrate; no recovery or investigation is pending against the petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier two cases of similar nature had been registered against the accused-petitioner. 5. In reply, learned counsel for the petitioner stated that out of two cases, in one case benefit of bail has been granted to the petitioner by learned trial Court. 6. Having regard to the facts and circumstances of the case, particularly looking to the facts that offence is triable by First Class Magistrate; no recovery or investigation is pending against the accused-petitioner; further investigation and trial 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. 7. Consequently, the bail application is allowed. It is ordered that the petitioner - Sachin S/o Koja Ram, arrested in connection with F.I.R. No.399/2021, Police Station Mahamandir, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with 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.