Aarif @ Osama S/O Hafiz Yunus v. State of Rajasthan
2025-03-12
MAHENDAR KUMAR GOYAL
body2025
DigiLaw.ai
Judgment : 1. The present second bail application has been filed under Section 483 B.N.S.S. (previously 439 Cr.P.C.). The petitioner has been arrested in connection with FIR No.0202/2023 registered at Police Station Dargah, District Ajmer for the offence(s) under Section(s) 379 and 401 IPC. 2. The prayer for bail has been renewed on the ground of long incarceration. Learned counsel for the petitioner submits that he is in custody since 26.10.2023 and out of total eight prosecution witnesses only four witnesses have been examined so far. He, therefore, prays for release of the petitioner on bail. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. The first bail application filed by the petitioner was dismissed by this Court vide order dated 14.02.2024 after appreciating the rival contentions of the learned counsels for the respective parties especially, in view of his criminal antecedents which reflected registration of nine criminal cases other than the instant case under various provisions of IPC, Arms Act as well as the Prevention of Children from Sexual Offences Act from the year 2019 till the year 2023 involving offences of similar nature. Observing that misusing the liberty of bail granted to him on earlier occasions, he indulges in similar offence/other offences again and again, in view of a coordinate Bench judgment of this Court in the case of Vijay Kumar Meena versus State:2008 (4) RLW 3041 , the first bail application was dismissed. 5. Although, this Court is conscious of the fact that the case is triable by Magistrate and the petitioner is in custody since 26.10.2023 however, looking to the nature and gravity of allegations against him and also to his criminal antecedents; but, without expressing any opinion on the merits of the case, this Court does not deem it just and proper to extend him the benefit of bail especially, in view that remaining four prosecution witnesses are police personnel. 6. Accordingly, this second bail application is dismissed. 7. However, looking to the period of petitioner’s incarceration, the Superintendent of Police, District Ajmer is directed to ensure presence of the remaining prosecution witnesses, who all are police personnel, as and when summoned by the learned trial Court for their deposition as the order-sheets of the learned trial Court reveal that they are not turning up despite issuance of bailable warrant to secure their presence.
The learned trial Court is also requested to expedite completion of the prosecution evidence. 8. The Registrar (Judl.) is directed to remit a copy of this order in the office of Superintendent of Police, District Ajmer as also to the jurisdictional trial Court for information and compliance.