SECOND BAIL SHIV KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No.661/2014, Police Station Kotwali, District Pali, registered for the offence under Ss. 341, 302, 307, 394, 420, 465, 471/120-B IPC and 3/25 of the Arms Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.

(3.) Arguing on this second bail application, learned counsel for the petitioner stated that the first bail application of the accused- petitioner was dismissed on 16/6/2020. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 28/1/2015 and therefore he is facing incarceration for more than 7 years and out of 63 witnesses, only 4 witnesses have been examined so far. He further submits that there is no possibility of the completion of the trial proceedings of the present case in near future. Learned counsel also submits that the petitioner cannot be kept behind the bars for years together. Learned counsel submits that in the case of Union of India V/s K. A. Najeeb (Criminal Appeal No.98/2021 [Arising out of Special Leave Petition (Crl.) No.11616/2019] Decided on 1/2/2021), the Hon'ble Supreme Court has enlarged the accused on bail on the ground that the trial is not likely to be completed in a short duration and the petitioner had already suffered incarceration for more than 05 years. Learned counsel has further submitted that benefit of bail has been granted in identical cases by co-ordinate Bench of this Court in case of Dalpat Singh v. State of Rajasthan (S.B. Criminal Misc. 2nd Bail Application No.1257/2021, decided on 25/1/2022 and Om Prakash Yadav v. Union of India (S.B. Criminal Misc. 2nd Bail Application No.16122/2021, decided on 12/1/2022. Learned counsel for the petitioner, therefore, submits that the petitioner may be enlarged on bail and whatever the consequences of the trial will be, he will face the same. It is, therefore, prayed that the petitioner may be enlarged on bail.