Ganesh vs State Of Rajasthan
2022 Latest Caselaw 14951 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

....

S.B. Criminal Misc. Bail Application No. 16064/2022

Ganesh S/o Chhagan, Aged About 23 Years, R/o Odwadiya,

Khemli, Tehsil Mawli, District Udaipur. (Raj.)

(At Present Lodged In Central Jail, Udaipur).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan through PP
                                                                 ----Respondent


For Petitioner(s)          :    Mr. O.P. Sangwa.
For Respondent(s)          :    Mr. Mukhtiyar Khan, PP.



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

19/12/2022

1. The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Ganesh S/o Chhagan. The

petitioner has been arrested in connection with FIR No. 151/2018

registered at Police Station Mawli, District Udaipur for the offences

under Sections 458, 459, 382, 395, 397 and 149 of the Indian

Penal Code.

2. Learned counsel for the accused-petitioner submits that the

accused-petitioner has not been named in the FIR. The recovery

allegedly made from the petitioner is nothing but a farce. The

accused-petitioner is behind the bars since last four years. No

sincere efforts have been made by the prosecution to complete

the trial. Learned counsel further submits that the long

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incarceration of the accused is violative of his fundamental rights

otherwise guaranteed by the Constitution of India. Trial is likely to

take long time to conclude. No fruitful purpose would be served by

keeping the accused-petitioner behind the bars till disposal of the

case. Learned counsel has placed reliance on the judgment

passed by this Court in the case of Suraj Vs. State of

Rajasthan (S.B. Criminal Misc. Second Bail Application No.

12906/2022, decided on 27.08.2022) and thus pleaded that the

accused cannot be detained in custody for indefinite period

pending trial.

3. Per contra, learned Public Prosecutor has vehemently

opposed the bail application.

4. Considering the arguments advanced by the counsel for the

parties and looking to the overall facts and circumstances of the

case, this court deems it just and proper to enlarge the accused-

petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner named above

shall be enlarged on bail provided he furnishes a personal bond in

the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for his appearance

before the court concerned on all the dates of hearing as and

when called upon to do so.

(FARJAND ALI),J 272-Mohan/-

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