Rajasthan High Court - Jodhpur
Liyakat vs State Of Rajasthan (2025:Rj-Jd:44724) on 13 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:44724]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal 3rd Miscellaneous Bail Application No. 12278/2025
Liyakat S/o Chhotu Khan, Aged About 35 Years, Resident Of
Bhauya Ji Ka Kuaa, Kanchan Nagar, Daurai, Police Station
Ramganj, District Ajmer Rajasthan (At Present Lodged In Sub
Jail Jaitaran, District Pali)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Jagdish Bhadu, Adv.
For Respondent(s) : Mr. Urjaram, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/10/2025
The present third bail application has been filed under
Section 439 of Cr.P.C. (483 of BNSS) on behalf of the petitioner,
who is in judicial custody in connection with F.I.R. No.101/2021
registered at Police Station Aanandpur Kalu, District Pali for the
offences punishable under Sections 302, 201, 394, 120B IPC.
Learned counsel for the petitioner submits that the petitioner
is behind the bars since 24.08.2021 i.e. for more than four years
and till date, only seven prosecution witnesses have been
examined out of total 22 witnesses and the trial of the case is yet
pending.
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
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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 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
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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 24.08.2021 and the
trial of the case will take sufficiently long time. With these
submissions, learned counsel for the petitioner prays 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.
Accordingly, the third bail application filed under Section 439
of Cr.P.C. (483 of BNSS) is allowed and it is directed that petitioner
- Liyakat S/o Chhotu Khan shall be released on bail in connection
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with F.I.R. 101/2021 registered at Police Station Aanandpur Kalu,
District Pali 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
87-MS/-
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