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2021 DIGILAW 2012 (RAJ)

Dariyekhan v. State of Rajasthan

2021-10-23

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - This matter has wrongly been listed under the head of ?Defect? Cases. There is no defect in this matter. 2. 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.86/2021, Police Station Sadar Jaisalmer, District Jaisalmer, registered for the offence punishable under Section 136 of the Electricity Act. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 4. Learned counsel for the petitioner stated that offence is triable by Magistrate; at the time of the incident, the petitioner was in judicial custody in regard to other cases and he was granted benefit of bail from this Court and co-ordinate Bench of this Court; no investigation or recovery is pending against the petitioner; 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. 5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier seven other cases were registered against the accused-petitioner. 6. Having regard to the facts and circumstances of the case, particularly looking to the fact that offence is triable by First Class Magistrate; as per FIR itself, incident has taken place on 12.08.2021 and FIR has been filed on 02.09.2021; FIR has been filed against unknown persons and it cannot be denied that at the time of incident, accused-petitioner was in judicial custody in regard to other cases; 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 - Dariyekhan S/o Shri Deenu Khan, arrested in connection with F.I.R. No.86/2021, Police Station Sadar Jaisalmer, District Jaisalmer, 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.