Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 757 (RAJ)

Umesh v. State Of Rajasthan

2022-03-05

DEVENDRA KACHHAWAHA

body2022
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.35/2021, Police Station Ramgarh, District Jaisalmer, registered for the offence punishable under Sections 457, 380 and 120-B of the Indian Penal Code. 2. Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that offences are triable by Magistrate; petitioner is behind the bars since 26.01.2022; benefit of bail has been granted to co-accused persons, Vikram and Zuber Khan; no investigation or recovery 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 four other cases have been registered against the accused-petitioner and investigation of the case is still pending. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by the First Class Magistrate; benefit of bail has been granted by co-ordinate Bench(s) of this Court to co-accused persons, Vikram vide order dated 28.01.2022 (Bail application No.1126/2022) and Zuber Khan vide order dated 17.01.2022 (Bail application No.557/2022); 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. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Umesh S/o Sh. Teja Ram, arrested in connection with F.I.R. No.35/2021, Police Station Ramgarh, 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.