Citation : 2023 Latest Caselaw 6544 Raj/2
Judgement Date : 17 November, 2023
[2023:RJ-JP:34770]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No.
14094/2023
Rishikesh S/o Sh. Tikaram, Aged About 31 Years,
R/o Sarsena, Police Station Todabhim, District
Karauli, Rajasthan (At Present Confined In District
Jail Dausa)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Ashok Kumar S/o Umeedilal Meena, R/o
Village Churkheda, Mahwa, District Dausa,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Satish Khandal, Adv.
For : Mr. Atul Sharma, P.P. &
Respondent(s) Mr. Kishan Lal Meena, Adv.,
with Mr. Arvind Balaut, Adv.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
17/11/2023
This second bail application has been filed by
the petitioner under Section 439 Cr.P.C. seeking
regular bail in FIR No.68/2022 registered at Police
Station Mahwa, District Dausa for the offence(s)
under Section(s) 286, 336, 337 & 308 IPC and under
Section 3 of Explosive Substances Act, 1908.
The first bail application of the accused-
petitioner was dismissed as withdrawn by this Court
[2023:RJ-JP:34770] (2 of 3) [CRLMB-14094/2023]
vide order dated 29.08.2023, giving liberty to the
accused-petitioner to file afresh after filing of the
charge sheet.
Learned counsel for the petitioner submits that
the accused-petitioner is innocent and he has been
falsely implicated in this case. He further submits
that charge sheet has been filed and there are no
criminal antecedents against the accused-petitioner.
He also submits that the accused-petitioner has been
in judicial custody since long and the conclusion of
the trial will take long time, hence the petitioner may
be enlarged on bail.
Learned Public Prosecutor appearing for the
State as well as the learned counsel for
complainant(s) have opposed the bail application.
Taking into consideration the overall facts and
circumstances of the case, but without expressing
any opinion on the merits and demerits of the case,
this Court deems it just and proper to enlarge the
petitioner on bail.
Accordingly, the second bail application filed
under Section 439 Cr.P.C. is allowed and it is ordered
that accused-petitioner Rishikesh S/o Sh. Tikaram
shall be released on bail, provided he furnishes a
personal bond in the sum of Rs.1,00,000/- with two
[2023:RJ-JP:34770] (3 of 3) [CRLMB-14094/2023]
sureties of Rs.50,000/- each to the satisfaction of the
trial Court, with the stipulation that the petitioner
shall appear before that Court on all subsequent
dates of hearing and as and when called upon to do
so.
(UMA SHANKER VYAS),J
DANISH USMANI /15
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