Moti Chand vs State
2022 Latest Caselaw 27 Raj

(1 of 2) [CRLMB-9949/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9949/2019

Moti Chand S/o Babu Lal, Aged About 20 Years, By Caste Desantri, R/o Chittar Ka Par, Ps Nagana, District Barmer. (At Present Lodged In Jail Jodhpur).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Tribhuvan Singh. For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

03/01/2022

The petitioner has been arrested in connection with F.I.R.

No.262/2018, P.S. Kotwali, District Barmer, for the offences

punishable under Sections 323, 324, 326, 307 IPC. He has

preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed by this Court vide

order dated 24.10.2018.

Learned counsel for the petitioner submits that till date, the

injured has not been examined before the trial court for one and

other reason. Counsel further submits that on the last occasion,

this Court called progress report from the trial court, which has

been received and it has been mentioned in the progress report

that eight prosecution witnesses have already been examined but

injured has not been examined in spite of the service upon him.

Now arrest warrant has been issued against the injured by the

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trial court for his examination. Counsel further submits that

petitioner is inside the jail since 12.05.2018. More than three and

half years have already been passed and trial of the case is yet

going on, therefore, the benefit of bail should be granted to the

accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and gone through the material available on record and

considering the facts that petitioner is behind the bars since

12.05.2018 and trial is yet pending for one and other reason,

without expressing any opinion on the merits of the case, I deem

it just and proper to grant bail to the accused petitioner under

Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Moti Chand S/o

Babu Lal shall be released on bail in connection with F.I.R.

No.262/2018, P.S. Kotwali, District Barmer provided he executes a

personal bond in a sum of Rs.2,00,000/- and two sound and

solvent sureties of Rs.1,00,000/- each to the satisfaction of

learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(MANOJ KUMAR GARG),J

59-prashant/-

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