PRATEEK MISHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant 2nd bail application has been preferred under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner, namely Prateek Mishra in a case arising out of F.I.R. No.132/2021 registered at Police Station Ashok Nagar, Jaipur City (South) for offences punishable under Ss. 420, 467, 468, 471, 201, 204 and 120-B of Indian Penal Code and under Ss. 66-C, 71 and 74 of Information Technology Act, 2000.

(2.) Submissions of learned counsel appearing for the accused- petitioner are that in the present case, neither the name of petitioner has been mentioned nor any role has been assigned to him in the F.I.R. and he is not even the beneficiary of litigation pending. The petitioner was arrested on 6/12/2021 and since then he is behind the bars.

(3.) Supplementary charge-sheet has been filed. All the alleged offences are triable by 1st Class Magistrate. As per contents of F.I.R., no allegation has been levelled against the petitioner nor any offence, prima-facie, is made out against him. Charges have been framed against him on 30/3/2022. Despite lapse of sixty-days, the trial against him has not been concluded. Thus, looking to the mandate of Sec. 437 (6) of Cr.P.C. and the fact that the co-accused/persons have already been enlarged on bail by this Court vide its order dtd. 30/9/2022, the present petitioner may be granted benefit of bail on the ground of parity.