AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioners and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioners who are in custody in connection with FIR No.239/2016, registered at Police Station Phalodi, District Jodhpur for the offences under Sections 420, 406 and 120-B IPC.
Learned counsel Shri Thanvi submitted that the main allegations of the prosecution are attributed to petitioner no.1 Om Prakash and appropriate efforts shall be made to return the amounts of the cheated persons and thus, while craving liberty to withdraw the application of the petitioner no.1 Om Prakash, he prays that the petitioner no.2 Giriraj @ Jayesh whose case stands on a better footing deserves to be enlarged on bail.
Learned Public Prosecutor and learned counsel for the complainant vehemently oppose the submissions advanced by the petitioners' counsel.
Having considered the arguments advanced at the Bar and considering the fact that the main prosecution allegations are against the petitioner no.1 Om Prakash, he does not deserve to be enlarged on bail till he shows real intent to compensate the cheated persons.
Accordingly, the instant bail application qua the petitioner no.1 Om Prakash is dismissed as not pressed.
However, having regard to the entirety of the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner no.2 Giriraj @ Jayesh deserves to be released on bail.
Accordingly, the bail application preferred on behalf of the petitioner no.2 Giriraj @ Jayesh under Section 439 Cr.P.C. is allowed and it is directed that the petitioner no.2 Giriraj @ Jayesh arrested in connection with the FIR No.239/2016, registered at Police Station Phalodi, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.