Akash Safela S/O Dayaram vs State Of Rajasthan
2021 Latest Caselaw 7790 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Fourth Bail Application No.
                                 19092/2021

Akash Safela S/o Dayaram, R/o Opposite Nawal Park Harijan
Basti Nayapura Kota Accused Petitioner Presently Confined In
Kota Jail
                                                                          ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                        ----Respondent

For Petitioner(s) : Mr. Sunil Tyagi with Mr. Anirudh Tyagi For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/12/2021

1. Petitioner has filed this fourth bail application under Section

439 of Cr.P.C.

2. F.I.R. No.601/2018 was registered at Police Station

Nayapura, Dist. Kota for offence under Sections 302, 323 & 149 of

I.P.C.

3. It is contended by counsel for the petitioner that in the F.I.R.

which was lodged by the complainant-Rajesh, allegation of

stabbing the deceased was on Suraj. It is also contended that now

in the court statement, witnesses have taken a somersault. Now

they have named present petitioner as the assailant. It is further

contended that petitioner has remained in custody for a period of

three years and one month. Out of twenty four witnesses, only six

witnesses have been examined so far. Conclusion of trial will take

(2 of 2) [CRLMB-19092/2021]

time.

4. Learned Public Prosecutor has opposed the fourth bail

application.

5. I have considered the contentions.

6. As per perusal of the record, it was mentioned in the F.I.R.

by Rajesh that the incident which he narrated in the F.I.R. was as

per the information received by him by Raja @ Rajkumar. In the

F.I.R. the allegation of stabbing the deceased was on Suraj.

7. Taking note of the fact that petitioner has remained in

custody for a period of three years and one month, in the F.I.R. no

overt act is assigned to the present petitioner, also taking note of

the fact that out of twenty four witnesses, only six witnesses have

been examined so far and conclusion of trial will take time, hence,

I deem it proper to allow the fourth bail application.

8. This fourth bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

ARTI SHARMA /66

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