Citation : 2023 Latest Caselaw 11074 Raj
Judgement Date : 21 December, 2023
[2023:RJ-JD:44836]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5506/2023
Pradeep S/o Shri Balwanta Ram, Aged About 26 Years, R/o
Motaniya, Police Station Matoda, District Jodhpur (Rajasthan) (At
Present Incarcerated In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dilip Sharma
For Respondent(s) : Mr. B.R. Bishnoi, PP
Mr. B. R. Godara for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
21/12/2023
Learned counsel for the petitioner has submitted that the
petitioner is in custody since 16.10.2020, however, complainant -
Kanwar Lal is not appearing before the trial court for giving his
evidence despite repeated summons and arrest warrants issued
against him. Learned counsel has further submitted that since the
complainant is not appearing before the trial court and the trial
against the petitioner is not concluded, he may be enlarged on
bail.
Learned Public Prosecutor has opposed the bail application.
Learned counsel for the complainant has assured this Court
that evidence of the complainant will be recorded before the trial
court on the next date of hearing fixed in the matter.
In view of the above, I am not inclined to enlarge the
petitioner on bail at this stage, however, the petitioner is free to
[2023:RJ-JD:44836] (2 of 2) [CRLMB-5506/2023]
move a fresh bail application if the complainant fails to appear
before the trial court within two months for recording his
evidence.
Accordingly, this bail application is dismissed.
(VIJAY BISHNOI),J 48-DivyaTak/-
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