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2022 Supreme(Raj) 1070

MANOJ KUMAR GARG
Simorna – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Sudhir Sarupariya, Advocate, Mahipal Bishnoi, Advocate

JUDGMENT

Manoj Kumar Garg, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.126/2015, Police Station Kuri Bhagtasni, District Jodhpur registered for the offence punishable under Sections 302/120-B & 201 of the IPC and Section 4/25 of the arms act.

2. The first bail application was dismissed on 15.12.2016 by this Court.

3. Learned counsel for the petitioner stated that the petitioner is a lady and she is inside jail since 02.06.2015 along with her minor daughter, who was aged about three years at that time; and the trial of the case is yet pending. Counsel further submits that the trial proceedings are not being concluded on account of failure of the witnesses in appearing before the trial court. In such circumstances, the benefit of bail may be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the bail application. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

5. The Hon'ble Supreme Court in the case of Tapan Das Vs. Union of India (Special L

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