MAYANK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who has been arrested in connection with F.I.R. No.447/2020 registered at Police Station Ratangarh, District Churu for the offences punishable under Ss. 302, 201 and 120-B of IPC. The second bail application was dismissed by this Court vide order dtd. 15/5/2023.

(2.) Learned counsel for the petitioner submits that the main accused Aman Banshiwal has already been enlarged on bail by the Supreme Court vide order dtd. 24/1/2024 in SLP (Criminal) No.14552/2023 on the ground of prolonged trial of the case. Counsel submits that the petitioner is in judicial custody for over three years and up to this time only two witnesses have been examined out of total thirty-three prosecution witnesses. The petitioner is in the judicial custody since 22/12/2020 and trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner. Learned Public Prosecutor has opposed the bail application.

(3.) I have considered the arguments advanced before me and gone through the material available on record. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.