OM PRAKASH @ CHOTU Vs. STATE OF RAJ

JUDGEMENT

(1.) This criminal misc. third bail application has been filed by the petitioner under section 439 Cr.P.C.

(2.) The second bail application of the accused petitioner was rejected by this court on 4.1.2012 and it was observed by this court that if the complainant does not appear before the trial court on three consecutive dates, then the accused petitioner would be free to move bail application before the trial court and the trial court will decide the bail application looking to the facts and circumstances of the case. When the complainant does not appear before the trial court for consecutive three dates i.e. on 25.2.2012, 3.3.2012 nd 12.3.2012 the accused petitioner filed fresh bail application before the Additional Sessions Judge and the Additional Sessions Judge on 16.3.2012 rejected the bail application of the petitioner by a detailed order. Now the present 3rd bail application has been filed for releasing him under section 439 Cr.P.C.

(3.) The learned counsel for the petitioner in his third bail application has submitted that the complainant did not appear before the trial court on three consecutive dates as such it is clear that the complainant is lingering on the trial and in these circumstances the accused petitioner should be granted bail under section 439 Cr.P.C. It was further submitted by the counsel that there is no direct allegation against the petitioner and nothing has been recovered from him. The offence alleged against the accused petitioner is triable by Magistrate, hence it was requested that the petitioner be granted bail.