Rajasthan High Court - Jodhpur
Ashok Kumar Swami vs State Of Rajasthan (2025:Rj-Jd:18202) on 9 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:18202]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 14776/2024
Ashok Kumar Swami S/o Bajrang Lal, Aged About 33 Years, R/o
Bader, P.s. Ladnu, Dist Didwana- Kuchaman(Raj.) (Presently
Lodged At Dist Jail Didwana- Kuchaman)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Bishnoi
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. Jai Kishan Suthar for
Mr. Ramawatar Singh Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
09/04/2025
The present third bail application has been filed under
Section 483 BNSS (Section 439 Cr.P.C.). The petitioner has been
arrested in connection with FIR No.255/2021, Police Station,
Ladnu, District Nagaur for the offence under Sections 302 of IPC.
Earlier, on previous two occasions, the bail application of the
petitioner was dismissed as not pressed vide orders dated
23.08.2022 and 23.05.2024 passed by this Court.
Learned counsel for the petitioner submits that a progress
report has been received in which it is mentioned that four
witnesses are pending examination and the petitioner is in custody
for about more than three and a half years and the trial of the
case is yet pending.
[2025:RJ-JD:18202] (2 of 4) [CRLMB-14776/2024]
In support of his contentions, learned counsel placed reliance
on the judgment of Honb'le Supreme Court in the case of
Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to
Appeal (Crl.) No.8523/2024) in which while granting bail it has
been observed as under:
" 9. The incident in the present case occurred on
25.06.2020 and the petitioner was arrested
soon thereafter on 26.06.2020. By now, 6 co-
accused have been granted bail. As the
prosecution wishes to examine 17 more
witnesses, the trial is unlikely to conclude on a
near date.
10. Considering the above and to avoid the
situation of the trial process itself being the
punishment particularly when there is
presumption of innocence under the Indian
jurisprudence, we deem it appropriate to grant
bail to the petitioner - Balwinder Singh. It is
ordered accordingly. Appropriate bail conditions
be imposed by the learned trial court."
A coordinate Bench of this Court in the case of Umesh Vyas
vs. State of Rajasthan (S.B. Criminal Misc. II Bail Application
No.14958/2022), vide order dated 17.03.2023, also observed as
follows:
"The Hon'ble Supreme Court in the cases of Abdul
Majeed Lone Vs. Union Territory of Jammu and
Kashmir [Special Leave to Appeal (Crl.)
No.3961/2022], Amit Singh Moni Vs. State of
Himachal Pradesh (Criminal Appeal No.668/2020),
Tapan Das Vs. Union of India [Special Leave to
Appeal (Criminal) No.5617/2021], Kulwant Singh
Vs. State of Punjab [Special Leave to Appeal
(Criminal) No.5187/2019], Ghanshyam Sharma
Vs. State of Rajasthan [Special Leave to Appeal
(Criminal) No.5397/2019], Nadeem Vs. State of
UP [Special Leave to Appeal (Criminal)
No.1524/2022] and Mukesh Vs. The State of
Rajasthan [Special Leave to Appeal (Criminal)
No.4089/2021] has granted bail to the accused
persons, against whom the allegations are of
transporting or possessing narcotic contraband
above commercial quantity, on the ground of
custody period and taking into consideration the
fact that the trial against the said accused persons
[2025:RJ-JD:18202] (3 of 4) [CRLMB-14776/2024]
will take time in completion. The Hon'ble Supreme
Court has ordered for release of the accused
persons who were in custody from two years to
four years. Learned Public Prosecutor has opposed
the bail application.
Having regard to the totality of the facts and
circumstances of the case, I deem it appropriate to
allow this fifth bail application solely on the ground
of custody period of the accused petitioner and
keeping in view the fact that the trial against him
has not been completed till date.
Accordingly, without expressing any opinion
on the merits of the case, this third bail
application filed under Section 439 Cr.P.C. is
allowed and it is directed that petitioner Umesh
Vyas S/o Shri Ganeshlal Ji shall be released on
bail in connection with FIR No.15/2019 of Police
Station Charbhuja, District Rajsamand 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."
The petitioner is in judicial custody since 07.10.2021 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 and counsel for the complainant
have vehemently opposed the third bail application.
I have considered the arguments advanced before me and
gone through the material available on record.
Taking into account the facts and circumstances of the case,
without commenting on the merits of the case, this Court deems it
just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 483 BNSS
(Section 439 Cr.P.C.) is allowed and it is ordered that the accused-
petitioner, Ashok Kumar Swami S/o Bajrang Lal, shall be
[2025:RJ-JD:18202] (4 of 4) [CRLMB-14776/2024]
enlarged on bail in FIR No.255/2021, Police Station, Ladnu,
District Nagaur provided he furnishes a personal bond in the sum
of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the
satisfaction of the learned trial Judge for his appearance before
the court concerned on all the dates of hearing as and when called
upon to do so.
(MANOJ KUMAR GARG),J
51-mSingh/-
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