MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.87/2023 of Police Station Borunda, for the offence punishable under Ss. 420, 406 of IPC. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed vide order dtd. 5/10/2023 by this Court as not pressed with liberty to file afresh after filing of the challan. Learned counsel for the petitioner submits that offences are triable by Magistrate and now challan of the case has been presented. The accused-petitioner is in judicial custody since 20/8/2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(2.) Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C. Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mukesh S/o Debu Ram, shall be released on bail in connection with FIR No.87/2023 of Police Station Borunda, provided he executes a personal bond in a sum of Rs.1,00,000.00 with two sound and solvent sureties of Rs.50,000.00 each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.