Citation : 2021 Latest Caselaw 3545 Raj/2
Judgement Date : 10 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 11886/2021
Dinesh Kumar @ D.k. S/o Shri Balkishan, R/o Vill. Nichla
Tarsuma PS Gadibajna Distt. Bharatpur (At Present Confined In
Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Intjar Ali, Advocate For Respondent(s) : Mr. Deshraj Gosingha, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
10/08/2021 This 2nd bail application has been filed under Section
439 Cr.P.C. in connection with FIR No. 258/2020 registered at
Police Station Muhana, Jaipur (South) for the offence under
Section 380 of IPC.
Learned counsel for the petitioner submits that this bail
application has been filed as per recommendation of the Rajasthan
High Court Legal Services Committee, Jaipur in compliance of
judgment of Hon'ble Supreme Court dated 07.05.2021, whereby,
certain directions were issued for the release of under trial
prisoners looking to the adverse situation caused by pandemic of
Covid-19. He further submits that the alleged FIR has been lodged
after delay of two days. He further submits that the petitioner is
behind the bars since long and trial of the case will take its own
time. Hence, the accused-petitioner may be released on bail.
(2 of 2) [CRLMB-11886/2021]
Learned Public Prosecutor has strongly opposed the bail
application.
Heard learned counsel for the parties and perused the
material available on record.
First bail application of the petitioner was dismissed by
this Court vide order dated 15.06.2021. As per that order,
rejection bail order dated 06.03.2021 clearly reveals that the
petitioner has criminal antecedents of twelve cases and the trial
Court has already been directed to dispose of the case within a
period of six months. Since then there has been no change in the
facts and circumstances of the case. Hence, the 2 nd bail application
under Section 439 Cr.P.C. is hereby dismissed.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar /1
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