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Judgment
Manoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No. 220/2014 of Police Station Kotegate, District Bikaner for the offence punishable under Section 420 R/w 120-B of IPC. He has preferred this third bail application under Section 439 Cr.P.C.
The first bail application was dismissed by this Court vide order dated 16.02.2022 and liberty was granted to the petitioner to file afresh after recording the statement of Investigating Officer.
In compliance of above order, the statement of Investigating Officer was recorded as PW-2.
Learned counsel for the petitioner submits that offence is triable by the magistrate and similarly situated co-accused-petitioners have already been enlarged on bail. The accused-petitioner is in judicial custody since 13.12.2021 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.
Per contra, 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 Section 439 Cr.P.C.
Accordingly, the third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner, Nikhil Nigam S/o Lt. Sh. Shelendra Nigam, shall be released on bail in connection with FIR No.220/2014 of Police Station Kotegate, District Bikaner provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- 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.