High CourtsSingle Bench

Mayank vs State Of Rajasthan

Rajasthan High Court · Decided on 9 April 2024 · Citation: (2024) 04 RAJ CK 0050

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 201, 302
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 3rd Bail Application No. 3331 Of 2024
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Judgment

10 paragraphs · 300 words

@JUDGEMENTTAG- JUDGEMENT

Manoj Kumar Garg, J

The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who has been arrested in connection with F.I.R. No.447/2020 registered at Police Station Ratangarh, District Churu for the offences punishable under Sections 302, 201 and 120-B of IPC.

The second bail application was dismissed by this Court vide order dated 15.05.2023.

Learned counsel for the petitioner submits that the main accused Aman Banshiwal has already been enlarged on bail by the Supreme Court vide order dated 24.01.2024 in SLP (Criminal) No.14552/2023 on the ground of prolonged trial of the case.

Counsel submits that the petitioner is in judicial custody for over three years and up to this time only two witnesses have been examined out of total thirty-three prosecution witnesses. The petitioner is in the judicial custody since 22.12.2020 and trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.

Learned Public Prosecutor has opposed the 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 third bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Mayank S/o Sunil shall be enlarged on bail in F.I.R. No.447/2020 registered at Police Station Ratangarh, District Churu provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.