Citation : 2024 Latest Caselaw 1946 Raj
Judgement Date : 28 February, 2024
[2024:RJ-JD:10202]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 5th Bail Application No. 5972/2023
Roshan @ Ranjeet S/o Sh. Laxman, Aged About 29 Years, R/o
Kharbar-Ae-Fala Hadaat, Police Station Parsad, District Udaipur
(Raj.) (At Present Lodged In District Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Gyan Jyoti Gupta
For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/02/2024
The present fifth bail application has been filed under Section
439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with FIR No.68/2017 registered at Police Station
Prasad, District Udaipur for the offences punishable under Sections
147, 148, 341, 323, 307 and 302/149 of the IPC.
The fourth bail application was dismissed as not pressed by
this Court vide order dated 04.02.2021.
Learned counsel for the petitioner submits that the petitioner
is behind the bars for more than six years and trial of the case is
yet pending. A progress report has been received and in that
report also it is mentioned that trial of the case is still pending.
Learned counsel relies upon the judgments passed by the Hon'ble
Supreme Court in the cases of Rabi Prakash Vs. State of Odisha
and Mohd. Muslim @ Hussain Vs State (NCT of Delhi). The
[2024:RJ-JD:10202] (2 of 2) [CRLMB-5972/2023]
petitioner is in judicial custody since 03.07.2017 and the trial of
the case will take sufficiently long time. With these submissions,
learned counsel for the petitioner prayed that the benefit of bail
may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and
gone through the material available on record.
Having regard to the totality of the facts and circumstances
of the case, 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 fifth bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner - Roshan @
Ranjeet S/o Sh. Laxman shall be released on bail in connection
with FIR No.68/2017 registered at Police Station Prasad, District
Udaipur provided he executes a personal bond in a sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- 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 134-Rashi/-
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