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Rishikesh S/O Sh. Tikaram vs State Of Rajasthan ...
2023 Latest Caselaw 6544 Raj/2

Citation : 2023 Latest Caselaw 6544 Raj/2
Judgement Date : 17 November, 2023

Rajasthan High Court
Rishikesh S/O Sh. Tikaram vs State Of Rajasthan ... on 17 November, 2023
Bench: Uma Shanker Vyas
[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petitioner was dismissed as withdrawn by this Court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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