VISHAL Vs. STATE

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.254/2021 of Police Thana Sardarpura, District Jodhpur for the offence punishable under Ss. 323, 341, 436, 327/34 of IPC. They have preferred these second bail applications under Sec. 439 Cr.P.C.

(2.) The first bail application was dismissed by this Court vide order dtd. 12/4/2022, as not pressed with liberty to file afresh after recording the statement of complainant. Counsel for the petitioners submits that on so many occasions, the complainant was called before the trial court for his evidence but he did not turn up and the matter was fixed on 13/10/2022. Earlier, a specific order has been passed by this Court on 10/10/2022 to the effect that counsel for the complainant shall ensure the presence of the complainant before the trial Court. However, the complainant did not appear before the trial Court on 13/10/2022. The accused-petitioners are in judicial custody since 9/2/2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

(3.) Learned Public Prosecutor opposed the bail applications. Having regard to facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioners under Sec. 439 Cr.P.C.