Rajasthan High Court - Jodhpur
Gopal Choudhary vs State Of Rajasthan on 20 January, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLMB-732/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous fifth Bail Application No. 732/2022
Gopal Choudhary S/o Shri Aanda Ram, Aged About 36 Years, B/c
Jat, R/o Khabda Khurd, Police Station Osiyan, District Jodhpur
(Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh on VC
For Respondent(s) : Mr. Mohd. Javed Gouri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/01/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, lawyers have been advised to
refrain from coming to the Courts.
The petitioner has been arrested in connection with FIR No.
574/2013 of Police Station Udaimandir, Jodhpur for the offences
punishable under Section 147, 148, 341, 307, 332, 353, 302/149
of IPC and Section 3(2)(v) of SC/ST Act. He has preferred this
fifth bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner fairly submits that though
the allegations are of serious in nature, but the petitioner is facing
trial since last eight years and on the observation of this Court at
the time of hearing of the fourth bail that the eight years are not
completed, therefore, the bail application was not pressed, but
now the fifth bail application is preferred, as the petitioner has
completed eight years in custody during the trial.
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(2 of 3) [CRLMB-732/2022]
Learned counsel for the petitioner has referred to the
following judgments:-
Babu Singh & Ors. Vs. The State of U.P. reported in
1978 0 Supreme (SC) 33;
Union of India Vs. K.A. Najeeb, reported in 2021 Cri. L.
J. 1658;
Sagar Tatyaram Gorkhe & Anr. Vs. The State of
Maharashtra in SLP (Crl.) No.7949/2015 dated 03.01.2017;
Angela Harish Sontakke Vs. State of Maharashtra in
SLP (CRL) NO.6888/2015, dated 04.05.2016;
Paras Ram Vishnoi Vs. The Director, Central Bureau of
Investigation (Criminal Appeal No.693/2021);
Learned Public Prosecutor opposes the bail application.
This Court observes that speedy trial and timely
accomplishing the result of the same is a vision of constitutional
rights of an individual envisaged under Article 21 of the
Constitution of India. Ordinarily, mere delay in trial is sufficient
reason for this Court to direct the trial Court to expeditiously
complete the trial, but in the precedent law cited above, the
Hon'ble Apex Court after completion of eight years while facing
trial has been pleased to enlarge the accused person on bail even
in heinous offence.
This Court also takes note of the fact that the learned P.P.
has not pointed out any such gravely aggravating circumstances,
which could render the bail impossible at this stage even when the
trial was ongoing for eight years except for the fact that most of
the witnesses have already made their respective depositions.
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(3 of 3) [CRLMB-732/2022]
This Court, looking into the peculiar facts of the case as well
as to the fact that the petitioner has faced trial for eight years
without any final outcome and the Courts in State of Rajasthan
are virtually running because of the extreme third wave of covid,
is inclined to grant bail for such cumulative reasons.
Thus, having regard to the totality of the facts and
circumstances of the case as also the fact that conclusion of the
proceedings is likely to take some time and without expressing
any opinion on the merits of the case, this Court deems it just and
proper to grant bail to the accused petitioner under Section 439
Cr.P.C.
Accordingly, this fifth bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Gopal
Choudhary S/o Shri Aanda Ram shall be released on bail in
connection with FIR No.574/2013 of Police Station Udaimandir,
Jodhpur provided he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-
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.
(DR.PUSHPENDRA SINGH BHATI),J.
35-Sudheer/-
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