PRAKASH 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.35/2023 registered at Police Station Boranada, District Jodhpur registered for the offence punishable under Ss. 147, 148, 149, 307, 120-B and 216 of IPC and Ss. 5/27 and 4/25 of the Arms Act. The first bail application was dismissed by this Court vide order dtd. 17/10/2023 with liberty to file afresh after recording the statements of injured. Learned counsel for the petitioner submits that a progress report has been called from the trial Court by this Court in which the trial Court has mentioned that the injured has been summoned for his examination but he did not appear and now, a bailable warrant has been issued against him. Counsel further submits that a specific allegation has been made against co-accused Dinesh & Vikram Singh and the present petitioner was merely a driver of the alleged vehicle. The petitioner is in judicial custody since 15/2/2023 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner. Learned Public Prosecutor has opposed the prayer of bail.

(2.) I have considered the arguments advanced before me and gone through the material available on record. Having regard to the totality of the facts and circumstances of the case, particularly looking to the fact that the accused petitioner is behind the bars since 15/2/2023, therefore, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C. Accordingly, the second bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner - Prakash S/o Sh Koja Ram shall be released on bail in connection with F.I.R. No.35/2023 registered at Police Station Boranada, District Jodhpur provided she executes a personal bond in a sum of Rs.1,00,000.00with two sureties of Rs.50,000.00 each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.