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2025 DIGILAW 706 (RAJ)

Dharmendra Kumar v. State of Rajasthan

2025-03-11

MANOJ KUMAR GARG

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Order : 1. The instant appeal has been filed under Section 14A (2) of SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who is in custody in connection with FIR No.304/2019, Police Station Khajuwala, for the offences under Sections 302 , 307, 325, 323 , 341 & 34 of IPC and under Section 3(2)(V) of SC/ST Act and against the order dated 30.07.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Cases, District Bikaner whereby the bail application preferred under Section 439 Cr.P.C. (483 BNSS) on behalf of the appellants was rejected. 2. It has been submitted on behalf of the appellants that on previous occasion this Court has ordered the trial Court to expedite the trial and out of total 29 witnesses only 14 prosecution witnesses have been examined so far. It is also submitted that as per the progress report, in which the trial Court has also mentioned that the prosecution witnesses deliberately did not come for their evidence. The accused-appellants are in judicial custody since 21.12.2019 and 20.11.2019 and they are in custody from last more than five years 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-appellants. 3. In support of his contentions, learned counsel placed reliance on the judgment of Honb’le Supreme Court in the case of Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to Appeal (Crl.) No.8523/2024) in which while granting bail it has been observed as under: “9. The incident in the present case occurred on 25.06.2020 and the petitioner was arrested soon thereafter on 26.06.2020. By now, 6 co- accused have been granted bail. As the prosecution wishes to examine 17 more witnesses, the trial is unlikely to conclude on a near date. 10. Considering the above and to avoid the situation of the trial process itself being the punishment particularly when there is presumption of innocence under the Indian jurisprudence, we deem it appropriate to grant bail to the petitioner – Balwinder Singh. It is ordered accordingly. Appropriate bail conditions be imposed by the learned trial court.” 4. A coordinate Bench of this Court in the case of Umesh Vyas vs. State of Rajasthan (S.B. Criminal Misc. It is ordered accordingly. Appropriate bail conditions be imposed by the learned trial court.” 4. A coordinate Bench of this Court in the case of Umesh Vyas vs. State of Rajasthan (S.B. Criminal Misc. II Bail Application No.14958/2022), vide order dated 17.03.2023, also observed as follows: “The Hon’ble Supreme Court in the cases of Abdul Majeed Lone Vs. Union Territory of Jammu and Kashmir [Special Leave to Appeal (Crl.) No.3961/2022], Amit Singh Moni Vs. State of Himachal Pradesh (Criminal Appeal No.668/2020), Tapan Das Vs. Union of India [Special Leave to Appeal (Criminal) No.5617/2021], Kulwant Singh Vs. State of Punjab [Special Leave to Appeal (Criminal) No.5187/2019], Ghanshyam Sharma Vs. State of Rajasthan [Special Leave to Appeal (Criminal) No.5397/2019], Nadeem Vs. State of UP [Special Leave to Appeal (Criminal) No.1524/2022] and Mukesh Vs. The State of Rajasthan [Special Leave to Appeal (Criminal) No.4089/2021] has granted bail to the accused persons, against whom the allegations are of transporting or possessing narcotic contraband above commercial quantity, on the ground of custody period and taking into consideration the fact that the trial against the said accused persons will take time in completion. The Hon’ble Supreme Court has ordered for release of the accused persons who were in custody from two years to four years. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, I deem it appropriate to allow this fifth bail application solely on the ground of custody period of the accused petitioner and keeping in view the fact that the trial against him has not been completed till date. Accordingly, without expressing any opinion on the merits of the case, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Umesh Vyas S/o Shri Ganeshlal Ji shall be released on bail in connection with FIR No.15/2019 of Police Station Charbhuja, District Rajsamand provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.” 5. Learned Public Prosecutor and counsel for the complainant vehemently opposed the prayer for bail. 6. Learned Public Prosecutor and counsel for the complainant vehemently opposed the prayer for bail. 6. Heard learned counsel for the appellants as well as learned Public Prosecutor and counsel for the complainant and perused the material available on record. 7. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, since the appellants are behind the bars from last more than five years and the trial is yet pending, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside. 8. Consequently, the instant appeal is allowed. The impugned order dated 30.07.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Cases, District Bikaner is set aside. It is ordered that the accused-appellants (1) Dharmendra Kumar S/o Kanihram & (2) Roshan Lal S/o Dariya Singh arrested in connection with FIR No.304/2019, Police Station Khajuwala, shall be released on bail; provided they furnish a personal bond of Rs.1,00,000/- each and two sureties bond of Rs.50,000/- 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.