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Judgment
Dinesh Mehta, J
The second application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No. 34/2023, registered at Police Station Kelwa, District Rajsamand for the offences under Sections 332, 353, 307, 325/34 of Indian Penal Code, 1860 and Section 3/25 of Arms Act.
Learned counsel for the applicant submitted that applicant’s first bail application being S.B. Criminal Miscellaneous Bail Application No.13293/2023 was dismissed by this Court as withdrawn vide order dated 29.11.2023, while giving liberty to the applicant to file a fresh bail application after some time.
Learned counsel for the applicant informed that after rejection of the petitioner’s first bail application, the trial Court has framed the charges.
Mr. Moinuddin, learned counsel for the applicant submitted that on the basis of material on record, no offence under Section 307 of IPC can be said to have been made out. While informing that applicant is behind the bars since 03.02.2023, he prayed that the applicant be enlarged on bail.
Learned Public Prosecutor vehemently opposed the bail application and submitted that applicant has indulged in various offences and is a habitual offender, therefore, no indulgence be granted.
Heard learned counsel for the parties and perused the material available on record.
On perusal of record, it transpires that no serious offence is involved in this case. The applicant was neither driving the vehicle nor did he fire on police personnel. Such being the position, the factum of pendency of cases against the applicant deserves to be ignored. This Court is thus, inclined to accept the bail application of the applicant, as trial of the case is likely to take substantial time.
Consequently, the second bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Kishan Menariya S/o Madhav Lal Menariya arrested in connection with FIR No. 34/2023, registered at Police Station Kelwa, District Rajsamand shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.