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[CRLMB-16886/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 3^rd Bail Application No. 16886/2021

Babu Lal S/o Lt. Hanuman Singh, Aged About 45 Years,

Jasarasar, Teh. Nokha, Dist. Bikaner. Presently Residing At

Muktaprasad Nagar, Bikaner. (In Judicial Custody At Central Jail,

Bikaner).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. J.S. Choudhary, Sr. Adv. assisted

by Mr. Sikander Khan.

For Respondent(s)

:

Mr. Sudheer Tak, PP

Ms. Priyanka Borana

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

14/02/2022

Heard learned counsel representing the petitioner, learned

Public Prosecutor and the learned counsel representing the

complainant. Perused the material available on record.

The instant third bail application under Section 439 Cr.P.C.

has been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.59/2014, registered at Police Station

Pugal, District Bikaner for the offences under Sections 147, 148,

341, 323, 447 and 302 alternatively 302/149, 307 and 307/149

IPC and Sections 27 and 3/25 of the Arms Act.

The petitioner is facing trial in the above case and is in

custody from 20.05.2014. The allegations as against the petitioner

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are less graver than those were levelled by the prosecution

against the co-accused Punam Chand who has been enlarged on

bail by this Court vide order dated 04.02.2022 passed in S.B.

Criminal Misc. 3^rd Bail Application No.16884/2021 primarily on

account of delay in conclusion of trial.

Shri J.S. Choudhary, learned Sr. Advocate assisted by Shri

Sikandar Khan, Advocate submits that the petitioner too deserves

indulgence of bail because the trial has not been concluded even

though the accused is in custody for the last nearly eight years.

Learned Public Prosecutor and Ms. Priyanka Borana, learned

counsel representing the complainant vehemently opposed the

submissions advanced by the learned counsel representing the

petitioner. However, they too are not in a position to dispute the

fact that the allegations as against the petitioner are almost on

the same footing as those were levelled against the co-accused

Punam Chand who has since been enlarged on bail. The accused is

suffering incarceration for the last eight years without there being

any prospect of early conclusion of trial.

In this background and, having regard to the facts and

circumstances available on the record, but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

Accordingly, the instant third bail application under Section

439 Cr.P.C. is allowed and it is directed that the petitioner Babu

Lal arrested in connection with the F.I.R. No.59/2014, registered

at Police Station Pugal, District Bikaner, shall be released on bail

provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned

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trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(SANDEEP MEHTA),J

57-Tikam/-