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2021 DIGILAW 2397 (RAJ)

Rahul Dave v. State of Rajasthan

2021-12-21

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - Mr. Prashant Dave S/o Shiv Kumar Dave, brother of the petitioner, present-in-person. 2. The present second 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.316/2020, Police Station Kotwali, District Bhilwara, registered for the offence punishable under Sections 420, 406 & 120B of the Indian Penal Code. 3. Heard. Perused the material available on record. 4. at the time of rejection of first bail application (No.13418/2021) liberty was granted to file fresh bail application after filing of the charge-sheet vide order dated 28.10.2021; thereafter, charge-sheet has been filed in this matter; offences are triable by Magistrate; petitioner is behind the bars since 07.09.2021. 5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 6. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; accused-petitioner is behind the bars since 07.09.2021; charge-sheet has been filed in this matter; 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 second bail application is allowed. It is ordered that the petitioner - Rahul Dave S/o Shivkumar Dave, arrested in connection with F.I.R. No.316/2020, Police Station Kotwali, District Bhilwara, 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.