PURSHOTTAM KHANDELWAL Vs. STATE OF RAJ

JUDGEMENT

(1.) This criminal Misc. Third Bail Application No. 11469 of 2013 under Section 439 Cr.P.C. in F.I.R. No. 86/2011 registered at Police Station Bapawar Kalan, Distt. Kota for offence under Section 420 and 406 IPC and against the order dated 24.10.2013 of Special Judge ST/SC (Prevention of Atrocities) Kota in Criminal Misc. Bail No. 146/2013 dismissing the bail application of the petitioner under Section 439 Cr.P.C. The first bail application of the accused petitioner No. 57 of 2012 was rejected by this court vide order dated April 9, 2012 and the petitioner was permitted to file bail application before the trial court after framing of the charge. An F.I.R. No. 86/2011 came to be registered at Police Station Bapawar Kalan, Distt. Kota at the instance of a complaint lodged by one Rohtash and 34 others persons on 21.8.2011 against the accused petitioner and some other persons for the offence under Sections 420 and 406 IPC.

(2.) After filing of the challan, the accused petitioner filed bail application before the trial court and the trial court after a detailed order rejected the bail application of the accused petitioner. The accused petitioner filed second bail application No. 10706 of 2012 before this court and the same was withdrawn by the accused petitioner. This court rejected the second bail application on July 1, 2013 with the liberty to the accused petitioner to file a bail application afresh before the trial Court after recording the statements of the material witnesses. After recording of the statements of some of the witnesses the accused petitioner filed fresh bail application before the trial Court and the trial court vide order dated 24.10.2013 rejected the bail application by a detailed order.

(3.) After rejection of bail by the trial court the accused petitioner filed this third bail application on 18.11.2013. Mr. Rohan Jain, learned counsel appearing for the accused petitioner has argued that there are no reasonable grounds to believe that the accused petitioner has committed any offence which is punishable with death sentence or life imprisonment. The accused petitioner has been falsely implicated in the case and he is an innocent person. The co-accused has been enlarged on bail by the Coordinate Bench of this Court and the case of the accused petitioner is at par as that of the co-accused. The accused petitioner is in jail for the last two year and looking to the bulky charge sheet and list of the witnesses the trial will take considerable long time.