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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.03/2020, Police Station Rathanjana, District Pratapgarh for the offences under Section 3/25 Arms Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that there are four cases registered against the petitioner and out of which, in two cases, he has been acquitted and in remaining two cases, he is bailed out. He further submits that the offences alleged against the petitioner are triable by Magistrate. He further submits that he behinds the bar since 3.1.2020.
The learned Public Prosecutor opposes the bail.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence and the fact that petitioner who is involved in four other cases appears to be a habitual offender, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.
Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is dismissed at this stage.