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2019 DIGILAW 2371 (RAJ)

Ashok Bishnoi v. State of Rajasthan

2019-09-04

SANDEEP MEHTA

body2019
JUDGMENT : Sandeep Mehta, J. 1. Heard. Perused the material available on record. 2. The instant 3rd 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. 199/2014, registered at Police Station Jayal District Nagaur for the offences under Sections 341, 323, 447, 324, 325, 326, 307 and 302/34 IPC and Section 3/25 & 4/25 of the Arms Act. 3. Learned counsel Shri Sharma buttressed that there is a significant change in circumstances after rejection of the second bail application filed on behalf of applicant-accused Ashok. He urges that the second bail application filed by co-accused Rakesh has been accepted by this Court vide order dated 12.03.2018. Furthermore, he drew the Court's attention to the order dated 26.04.2019 passed by the Judicial Magistrate, Jayal in the cross case filed by the applicant herein whereby, the cognizance has been taken against the members of the complainant party for the offences under Sections 323, 324, 326, 341, 147, 148 and 149 IPC. He urges that the petitioner is in custody from 13.12.2014. Out of 30 cited prosecution witnesses, only 15 witnesses have been examined till date. Thus, he urges that the petitioner is entitled to be released on bail. 4. Learned Public Prosecutor and counsel representing the complainant vehemently opposed the submissions advanced by Shri Sharma. However, they too are not in a position to dispute the fact that the accused is in custody for more than five years. 5. Considering the fact that 15 more witnesses are yet to be examined by the trial court; the prolonged custody period suffered by the petitioner and the factum of the cognizance taken against the members of the complainant party in the cross case for the various offences including under Section 326 IPC which entails Life Imprisonment, this Court is inclined to accept the instant 3rd bail application filed on behalf of accused-petitioner Ashok. 6. Accordingly, the 3rd bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Ashok S/o. Bharmal arrested in connection with the F.I.R. No. 199/2014 PS Jayal Distt. 6. Accordingly, the 3rd bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Ashok S/o. Bharmal arrested in connection with the F.I.R. No. 199/2014 PS Jayal Distt. Nagaur 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 trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.