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Mukesh vs State on 3 April, 2017

S.B. Criminal Misc. IV Bail No. 1519 / 2017
Mukesh S/o Shri Ranveer, By Caste Jat, Resident of Village Galad,
Tehsil Rajgarh District Churu. (At Present Lodged in Sub Jail,


The State of Rajasthan


For Petitioner(s) : Mr. Laxman Bishnoi
For Respondent(s) : Mr. Arjun Singh Rathore


Heard learned counsel for the applicant and the learned

Public Prosecutor. Perused the material available on record.

The applicant is facing trial for the offences under Sections

498A, 302 in the alternative under Section 304 B IPC.

The first, second and third bail applications preferred by the

petitioner being S.B.Cr. Misc. Bail No. 3611/11, S.B.Cr. Misc. II

Bail No.2968/12 and S.B.Cr. Misc. III Bail No.11148/15 were

rejected by this Court vide orders dated 13.7.11, 26.7.12 and

1.12.15 respectively. Vide order dated 1.12.15, the trial court was

directed to expedite the trial of the case.

(2 of 3)

After directions issued by this Court as aforesaid, three

witnesses namely Ramkumar (PW-2), Chhabila Ram (PW-3) and

Ramswaroop (PW-4) have been examined by the trial court.

It is to be noticed that on an application filed by the public

prosecutor, four persons were arraigned as accused and standing

warrants have been issued for their arrest.

Learned counsel appearing for the applicant submits that the

applicant is behind the bars since 6.4.10. Learned counsel

submitted that no case whatsoever has been made out against the

applicant for offence under Section 302 IPC and the maximum

punishment which can be awarded to the applicant on being

convicted under Section 304B IPC, is 10 years. It is submitted that

the applicant is behind the bars for last seven years, the

conclusion of the trial is likely to take a long time, and therefore,

he deserves to be enlarged on bail.

The factual position noticed as above is not disputed by the

learned public prosecutor.

Having regard to the nature of accusation and the deposition

of the witnesses already examined and taking into consideration

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 enlarge the accused applicant on bail.

Accordingly, this fourth bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that applicant Mukesh S/o Shri

Ranveer shall be released on bail in connection with FIR No. 26/10
(3 of 3)

of Police Station, Sidhmukh, District Churu, provided he executes

a personal bond for a sum of Rs. 1,00,000/- with two sound and

solvent 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.



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