Ajeet@dana vs State Of Rajasthan

Petitioner has filed this sixth bail application under Section 439 of Cr.P.C.

F.I.R. No. 392/2015 was registered at Police Station Behror, District Alwar for offence under Sections 143, 302 of I.P.C. and Section 3/25 of

Arms Act.

It is contended by counsel for the petitioner that third bail application was dismissed as withdrawn on 4 th of February, 2019. Trial Court was

directed to expedite the disposal of the case, thereafter trial court issued bailable warrants on many occasions and also issued arrest warrant against

the Investigation Officer and when the Investigation Officer did not turn up, the evidence was closed and the matter was fixed for judgment. An

application was moved under Section 311 Cr.P.C. for recalling the witness, which was dismissed by the trial court but was allowed by the High Court.

Thereafter, an application for amendment of charge was moved by the prosecution. The charge was amended and again the matter is fixed for

recording of statement of witnesses. It is contended that petitioner has remained in custody for a period of four years and five months. The trial has

been delayed and the delay is on account of non-appearance of the prosecution witness.

Learned Public Prosecutor and counsel for the complainant have opposed the sixth bail application. It is contended that the matter is at final stage.

I have considered the contentions and perused the record.

After directions of the Court were given to expedite the trial in February, 2019, almost two years have lapsed and the trial has not yet concluded

and the statement of witness(s) are yet to be recorded as charges have been amended.

Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the sixth bail application.

This sixth bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal

bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to

the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on

all subsequent dates of hearing and as and when called upon to do so.