ORDER : 1. The jurisdiction of this court has been invoked by way of filing the instant bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 180/2020 2. Concerned Police Station Chopasani Housing Board 3. District Jodhpur City West 4. Offences alleged in the FIR Section 458 of the IPC 5. Offences added, if any Sections 449, 384 & 302 of the IPC 6. Date of passing of impugned order 29.08.2024 2. The brief facts of the case are that on 25.07.2020, complainant Smt. Sangeet Sharma lodged a report at the Police Station Chopasani Housing Board, Jodhpur City West alleging inter alia that his husband was working as Chowkidar under the Classic Art & Craft and when she alongwith her family were sleeping, at around 1:25 a.m. an unknown person entered in their house and made an assault upon her husband resulting which he received injury on his head. She raised hue and cry upon which the said person fled away and the neghibours were gathered. Her husband was taken to the hospital with the aid of her neighbours during treatment he succumbed to death. On the basis of the above information, a case under Section 458 IPC got registered at the Police Station CHB, Jodhpur and during investigation the petitioner was arrested. His first application being SBCRLMB No.4151/2023 came to be dismissed by this Court vide order dated 23.11.2023. Hence, the instant bail application. 4. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. He further submits that the accused was taken into custody on 27.07.2020 and since then he is behind the bars. He further submits that nothing has been recovered or discovered from him. Now, after his arrest, more than four and half years have elapsed but the trial is not going to be culminated and still it seems that a further long time shall be taken in conclusion of the same, thus, he may be enlarged on bail. 5. He further submits that nothing has been recovered or discovered from him. Now, after his arrest, more than four and half years have elapsed but the trial is not going to be culminated and still it seems that a further long time shall be taken in conclusion of the same, thus, he may be enlarged on bail. 5. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 6. I have heard and considered the submissions made by both the parties and perused the material available on record. 7. The earlier bail application of the petitioner was rejected by this Court vide order dated 23.11.2023 passed in SBCRLMB No.4151/2023. This Court vide order dated 03.01.2025 called a report from the trial Court regarding present status of the trial and in compliance thereof, the learned Addl. Sessions Judge No.1, Jodhpur Metropolitan sent a letter dated 07.03.2025, as per which, out of total 22 witnesses only 12 could have been examined. 8. As per the law, while keeping an accused detained, the opportunity to the prosecutor to lead evidence can only be given for a reasonable period. The wider connotation of the phrase ‘reasonable period’ be understood to be one year because the case is classified as a sessions case which would mean that the like cases should commence and conclude within a session, that is, one year. Even if an elastic interpretation of the expression ‘reasonable period’ is taken on the pretext of certain unavoidable circumstances, then it can only be doubled and even in that situation, trial has to be completed within two years while keeping an accused in custody. Suffice it would to say that for the purpose of determination as to whether the accused is guilty or not, only a reasonable period can be awarded to the prosecutor if the accused is behind the bars. The cases which are classified as session case are purposefully directed to be heard by senior officer of District Judge Cadre looking to his experience and rank/grade/post. In criminal jurisprudence prevalent in India, there is a presumption of innocence working in favour of the accused until he is proven guilty in the trial. The cases which are classified as session case are purposefully directed to be heard by senior officer of District Judge Cadre looking to his experience and rank/grade/post. In criminal jurisprudence prevalent in India, there is a presumption of innocence working in favour of the accused until he is proven guilty in the trial. The trial is conducted for the purpose of affording an opportunity to the prosecutor to prove the charges and only for the purpose of proving guilt or adducing evidence on record, an unreasonable period of time cannot be granted as the same infringes the fundamental rights of an accused which are otherwise guaranteed by the Constitution of India. While entertaining a bail plea the Court of law is required to take into account the above-mentioned aspect of the matter as well beside the gravity of offence and quantum of sentence. 9. It is well-nigh settled law that at pre-conviction stage, bail is a rule and denial of the same should be an exception. The purpose for keeping an accused behind the bars during trial would be to secure his presence on the day of conviction and to ensure that he may receive the sentence as would be awarded to him otherwise, as stated above, it is the rule of criminal jurisprudence that he shall be presumed innocent until his guilt is proved. In the instant case, it has been around three years have elapsed since the accused was sent to jail and his rights and liberties are getting stifled as he is being kept incarcerated without any progress in the trial. An accused cannot be kept behind bars as an undertrial for an indefinite period. 10. This Court has made an elaborate discussion with regard to bail of an under trial accused on the ground of delay in culmination of the trial. This Court feels that if the accused is under detention, it is obligatory for the prosecution to complete the trial within a reasonable period. Dealing with the identical issue where the trial had been protracted for unreasonable period, an elaborate discussion has been made by this Court while deciding the S.B. Criminal Misc. Bail Application No.5916/2023 in the matter of Lichhman Ram @ Laxman Ram Vs. State decided on 08.02.2024. The relevant part of which would be apt to reproduce here which reads as under:- 7. Bail Application No.5916/2023 in the matter of Lichhman Ram @ Laxman Ram Vs. State decided on 08.02.2024. The relevant part of which would be apt to reproduce here which reads as under:- 7. This Court feels that the nature and gravity of offence and availability of material in support thereof are not the only factors to be taken into account while considering a bail application. The fact that trial is to be concluded within a reasonable period of time is imperative while considering grant of bail to an accused. It is settled principle of criminal jurisprudence that there is presumption of innocence at the pre-conviction stage and the objective for keeping a person in jail is to ensure his presence to face the trial and to receive the sentence that may be passed. This detention is not supposed to be punitive or preventive in nature. An accused is considered to be innocent until he or she or they are proven guilty in the court of law. 8. As per the fundamental rights granted to every citizen/person by the Constitution of India, the accused cannot be expected to languish in custody for an indefinite period if the trial is taking unreasonably long time to reach the stage of conclusion. An under trial prisoner, who is waiting for the trial to complete and reach a conclusion about his guilt for the alleged crime, is not only deprived of his right to a speedy trial but his other fundamental rights like right to liberty, freedom of movement, freedom of practising a profession or carrying on any occupation, business or trade and freedom to dignity are also hampered. 9. Life without liberty is like a body without soul. Freedom is the open window through which pours the sunlight of the human spirit and human dignity. Personal liberty of the accused is sacrosanct and quintessential to the very spirit and structure of a civilisation. Jeremy Bentham, the great English jurist, postulated that the greatest happiness of the greatest number is the end of law. The concept of civil liberty is embedded in individualism. This simply means that the purpose of the state is to help every individual in reaching their highest development and evolving into the best personality, thereby reaching a point where law and state are not required by the society. The concept of civil liberty is embedded in individualism. This simply means that the purpose of the state is to help every individual in reaching their highest development and evolving into the best personality, thereby reaching a point where law and state are not required by the society. Thus, when personal liberty of an individual is threatened, his development is in peril which is a matter of great concern. Sir Wiiliam Blackstone has deftly observed on page 134 of the first volume of his book, ‘Commentaries on the Laws of England’ that, "Personal liberty consists in the power of locomotion, of changing situation or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint unless by due process of law". Justice cannot be presumed to have been administered merely on passing of a judgment of conviction and order of sentence or a judgment of acquittal; rather administration of justice shall be deemed to have been completed when the trial is concluded within a reasonable period of time and the accused as well as the complainant/victim are not made to wait for years on end to know the result of the trial. 10. One of the founding fathers and the Third President of them United States of America, Thomas Jefferson, has rightly said that, “Rightful liberty is unobstructed action, according to our will, within limits drawn around us by the equal rights of others." Though the victim/complainant party has the right to seek justice against an accused person but that does not mean that the right of the accused to a fair trial can get hampered. A fair trial is one which is concluded within a reasonable period of time. 11. It is not just a fundamental right but also a human right of every accused as incarceration for an indefinite period pending trial is in contravention of the universal rights that are imperative for us all sans any kind of discrimination. Justice P.N. Bhagwati has embodied the spirit of the afore-mentioned observation in Maneka Gandhi Vs. Union of India (UOI) and Ors. Justice P.N. Bhagwati has embodied the spirit of the afore-mentioned observation in Maneka Gandhi Vs. Union of India (UOI) and Ors. reported in AIR 1978 SC 597 in the following words: “The expression ‘personal liberty’ in Article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have raised to the status of distinct fundamental rights and given additional protection under Article 19.” 12. No one is unaware of the fact that justice delayed is justice denied. On one hand, if a victim has to wait for years to see the perpetrator get his due and on the other hand, if the accused is innocent and it is so decided that he was not guilty for the crime as alleged by the prosecution, then there is no justifiable answer that can put out the fire that has been burning in the minds of the parties since the very inception of the criminal proceedings. 11. Considering the overall facts and circumstances of the case and the fact that petitioner is behind the bars for more than four and half years thus, looking to the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner. 12. Accordingly, the instant bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.