HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
HON’BLE MR. JUSTICE SANGEET LODHA
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.