Om Prakash vs State Of Rajasthan

The present fourth bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.248/2014, Police Station Pratap Nagar, District Jodhpur for the offences under Sections 302 & 120-B of the I.P.C. and under Section 3/25 of Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned senior counsel for the petitioner submits that after disposal of the third bail application of the petitioner by the co-ordinate Bench of this Court on 25.10.2018, the trial has not proceeded. One of the co-accused namely Dinesh Gurjar preferred the S.L.P. before the Hon'ble Supreme Court and the Hon'ble Supreme Court on 29.07.2019 was passed the following order :-

"Leave granted.

The accused/appellant is in custody for about five years now. The trial is going on 17 out of total 45 witnesses have been examined.

The charge being under Section 302 I.P.C. we are not inclined to release the appellant on bail. However, we request the trial court to expedite the trial and conclude the same at an early date.

We also make it clear that if the trial is not concluded within six months from the date of receipt of this order, the appellant will be at liberty to renew his prayer for bail before the trial Court.

The order of the High Court is modified to the above extent and the appeal is disposed of".

In the circumstances, when the trial was not completed despite the above direction by the Hon'ble Apex Court., the co-accused preferred the second bail application before this Court.

This Court vide order dated 18.02.2020 passed the following order:-

"In the circumstances, the counsel for the petitioner prays that the trial court may be directed to conclude the trial proceedings within a period of three months from today, it is also prayed that if the trial is not concluded within the stipulated period of three months, the petitioner will be held entitled to move a bail application for fresh consideration.

Having considered the submissions made at the bar order passed by the Hon'ble Supreme Court and in view of the fact that the petitioner is facing incarceration from last more than five and half months, the present second bail application is disposed of with a direction to the learned trial court to conclude the trial proceedings positively within a period of three months from today.

Needless to say that the petitioner will be at liberty to revive the prayer for bail, if the trial is not concluded within the stipulated period mentioned above.

A copy of this order be sent to the trial court forthwith."

Learned senior counsel for the petitioner submits that despite the order having been passed by this Court on 18.02.2020, not a single witness has been examined so far. The petitioner are facing incarceration since 08.07.2014. He further submits that the present petitioner was only a person in the vehicle in which the other accused persons went in the funeral. He further submits that the allegation of causing fire-arm injury is specifically attributed to Chainaram from whom the recovery of pistol has also been made. Learned senior counsel further submits that no overt act has been attributed to the present petitioner. He, therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present fourth bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused- petitioner - Om Prakash S/o Shri Rana Ram arrested in connection with F.I.R. No.248/2014, Police Station Pratap Nagar, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.