[email protected] S/O Late Virendra ... vs State Of Rajasthan
2021 Latest Caselaw 122 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Sixth Bail Application No.
                              14901/2020
[email protected] S/o Late Virendra Singh, R/o Jakhraan Tehsil Behror
Dist. Alwar Raj. (Presently Confined At Central Jail Alwar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Kapil Gupta, through VC For Complainant(s) : Mr. Mohit Balwada, through VC For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order

07/01/2021

1. Petitioner has filed this sixth bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 392/2015 was registered at Police Station Behror,

District Alwar for offence under Sections 143, 302 of I.P.C. and

Section 3/25 of Arms Act.

3. It is contended by counsel for the petitioner that third bail

application was dismissed as withdrawn on 4 th of February, 2019.

Trial Court was directed to expedite the disposal of the case,

thereafter trial court issued bailable warrants on many occasions

and also issued arrest warrant against the Investigation Officer

and when the Investigation Officer did not turn up, the evidence

was closed and the matter was fixed for judgment. An application

was moved under Section 311 Cr.P.C. for recalling the witness,

which was dismissed by the trial court but was allowed by the

High Court. Thereafter, an application for amendment of charge

(2 of 2) [CRLMB-14901/2020]

was moved by the prosecution. The charge was amended and

again the matter is fixed for recording of statement of witnesses.

It is contended that petitioner has remained in custody for a

period of four years and five months. The trial has been delayed

and the delay is on account of non-appearance of the prosecution

witness.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the sixth bail application. It is contended that the

matter is at final stage.

5. I have considered the contentions and perused the record.

6. After directions of the Court were given to expedite the trial

in February, 2019, almost two years have lapsed and the trial has

not yet concluded and the statement of witness(s) are yet to be

recorded as charges have been amended.

7. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the sixth bail application.

8. This sixth 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

NIKHIL KR. YADAV /48

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