Dilip @ Dalla vs State
2021 Latest Caselaw 2678 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 984/2021

Dilip @ Dalla S/o Barda, Aged About 35 Years, R/o Biliya Khurd, P.S. Pratap Nagar, Dist. Bhilwara.

(At Present Lodged In District Jail, Bhilwara).

                                                                    ----Petitioner
                                     Versus
State of Raj., Through PP
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Javed Khan
For Respondent(s)          :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

01/02/2021

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.551/2017, Police Station Pratap Nagar,

District Bhilwara, registered for the offence under Sections 406,

420 of the Indian Penal Code.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned Public Prosecutor.

Perused the material available on record.

As per learned counsel for the petitioner, offences are triable

by Magistrate; charge-sheet has been filed; and that the trial will

take time. With these submissions, learned counsel for the

petitioner prayed that the benefit of bail may be granted to the

accused-petitioner.

(2 of 2) [CRLMB-984/2021]

Per contra, as per learned Public Prosecutor, accused-

petitioner is involved in fraud of Rs.7,40000/-, which is still not

recovered. Therefore, benefit of bail may not be granted to the

accused-petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that offences are triable by Magistrate and

charge-sheet has been filed, as mentioned above and the 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.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Dilip @ Dalla S/o Barda, arrested in

connection with F.I.R. No.551/2017, Police Station Pratap Nagar,

District Bhilwara, shall be released on bail, if not wanted in any

other case; provided he furnishes a personal bond of Rs.50,000/-

and 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.

(DEVENDRA KACHHAWAHA),J 47-amit/-

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