Ramesh Kumar@lala Pandit vs State Of Rajasthan

The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 92/2019

Registered at Police Station Nawalgarh, District Jhunjhunu for the offence(s) under Sections 147, 341, 323 & 307 of I.P.C. (In FIR) and for the

offencs udner Section 341, 323, 324, 326, 307 of I.P.C. & Section 4/25 of Arms Act (in order).

Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the challan against co-

accused-Ram Niwas, and Banti Ramdevra was pending under Section 173(8) Cr.P.C, however after investigation, the Investigating Agency has

submitted negative final report against these two co-accused persons. Counsel further submits that more than twenty five times, the trial Court has

summoned the injured witness namely Suresh Kumar, however he failed to appear before the trial Court for recording his statement, and the injured

witness wants to delay the trial. Counsel further submits that the petitioner is behind the bars since 19.03.2019 and conclusion of trial may take long

time.

Learned Public Prosecutor has opposed the bail application.

Considering the material on record and taking into account the facts and circumstances of the case and the fact that the injured witness has not

appeared before the trial Court for recording his statement and also considering the period of custody and without expressing any opinion on the merits

of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of

this order to the concerned trial Court through e-mail/fax, for necessary compliance.