PRITHVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties as well as perused the material available on record. The instant application for bail has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.59/2023 dtd. 20/8/2023, registered at Police Station Sankda, District Jaisalmer, for the offences under Ss. 420, 406, 409 and 120-B IPC and Sec. 43/66 of Information Technology Act, 2000. Learned Senior Counsel representing the petitioner submits that the offences involved in the case are triable by the court of Magistrate. He also submits that the investigation in the matter is complete and the petitioner is behind the Bars since 16/11/2023. Learned counsel for the petitioner also submits that more than 70% of the amount in question has been recovered by the bank. Learned counsel for the petitioner also submits that the petitioner has no criminal antecedents. Per contra learned Public Prosecutor as well as learned counsel for the complainant, oppose the bail application.

(2.) The Investigating Officer was directed to remain present in the Court in order to apprise the correct position of the amount that has been recovered by the Bank. The factual report has been placed before this Court dtd. 5/12/2024 in which, it has been categorically stated that partial recovery to the tune of Rs.1,50,04,296.00 has been made. The factual report dtd. 5/4/2024 is taken on record. The presence of the Investigating Officer is dispensed with. In view of the above and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case and more particularly looking to the fact that more than 70% of the amount has been recovered and the investigation is complete, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

(3.) Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Prithvi Singh S/o Sh. Hukam Singh in relation to the F.I.R. No.59/2023 dtd. 20/8/2023, registered at Police Station Sankda, District Jaisalmer, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000.00 and two surety bonds of Rs.25,000.00 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.