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2023 DIGILAW 2292 (RAJ)

Virendrasingh @ Viriya v. State Of Rajasthan

2023-12-21

VIJAY BISHNOI

body2023
ORDER : Mr. Vijay Bishnoi, J. - S.B. Criminal Misc. Bail Application No. 14262/2023 :- Heard. 2. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the eye witness namely Umesh (PW-1), in his examination-in- chief, has not named the petitioner. It is further submitted that no other incriminating evidence is available on record to suggest that the petitioner was involved in the commission of crime in any manner. 3. Learned counsel has further submitted that the petitioner was arrested on 18.07.2019 and till date, the trial against him has not been concluded. It is, therefore, prayed that the petitioner may be enlarged on bail. 4. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed this bail application and argued that from the material collected by the police during the course of investigation, involvement of the petitioner in the commission of crime is writ large. It is further submitted that petitioner was enlarged on interim bail by this Court for a month, however, even after expiry of the interim bail period, the petitioner did not surrender himself before the jail authorities and remained absconded and ultimately, he was arrested after more than a year. It is also submitted that charge against the petitioner has been framed only on 26.04.2023 and prosecution evidence is going on. 5. Having heard learned counsel for the parties and taking into consideration of the fact that charge has been framed against the petitioner only on 26.04.2023 and the prosecution evidence is going on and keeping in view the fact that the petitioner has misused the interim bail granted by this Court, I am not inclined to grant bail to the petitioner. 6. Hence, this bail application is dismissed. S.B. Criminal Misc. Bail Application No. 13143/2023 :- 7. Learned counsel for the petitioner, without arguing the matter on merits, has submitted that he does not want to press this criminal misc. bail application, however, seeks liberty for the petitioner to file a fresh bail application before the trial court after completion of the evidence of the complainant. 8. Accordingly, this criminal misc. bail application is dismissed as not pressed with the liberty sought for.