Vishal @ Jauni And Others vs State

Manoj Kumar Garg, J

The petitioners have been arrested in connection with FIR No.254/2021 of Police Thana Sardarpura, District Jodhpur for the offence punishable under Sections 323, 341, 436, 327/34 of IPC. They have preferred these second bail applications under Section 439 Cr.P.C.

The first bail application was dismissed by this Court vide order dated 12.04.2022, as not pressed with liberty to file afresh after recording the statement of complainant. Counsel for the petitioners submits that on so many occasions, the complainant was called before the trial court for his evidence but he did not turn up and the matter was fixed on 13.10.2022. Earlier, a specific order has been passed by this Court on 10.10.2022 to the effect that counsel for the complainant shall ensure the presence of the complainant before the trial Court. However, the complainant did not appear before the trial Court on 13.10.2022. The accused-petitioners are in judicial custody since 09.02.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor opposed the bail applications. Having regard to facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Vishal @ Jauni S/o Late Narendra Changra & (2) Rahul @ Montu S/o Rakesh Hans, shall be released on bail in connection with FIR No.254/2021 of Police Thana Sardarpura, District Jodhpur provided they execute personal bond in a sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.