Rajasthan High Court - Jaipur
Monu @ Mukesh Sain vs . State Of Rajasthan on 6 October, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CR. MISC. 2nd BAIL APPLICATION No.4698/2015 Monu @ Mukesh Sain Vs. State of Rajasthan Date of Order : 6.10.2015 HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL Shri Rohan Jain, for the petitioner. Shri Jitendra Srimali, Public Prosecutor.
The accused petitioner has moved this second application for grant of bail u/s 439 Cr.P.C. in respect of FIR No.244/2014 registered at Police Station Ramganj District Ajmer for the offences under sections 354A, 354B, 354C, 354D, 363 IPC and section 8/12 of the POCSO Act. First application filed by the petitioner for grant of bail u/s 439 Cr.P.C. was dismissed by this court as withdrawn vide order dated 18.3.2015 with liberty to the petitioner to file fresh application after statement of the prosecutrix is recorded by the trial court. By the same order direction was given to the trial court to record the statement of the prosecutrix on priority basis. The present application has been filed mainly on the ground that despite of direction of this court even charges have not been framed by the trial court. As per order dated 3.6.2015 passed by the trial court inability has been expressed to expedite the proceedings in the present case by the reason that several such cases are pending before the trial court. As per order-sheet dated 25.8.2015 till date charges have not been framed and the next date of hearing has been fixed for 5.11.2015.
On consideration of submissions made on behalf of the respective parties and the material made available on record and more particularly looking to the period of custody of the petitioner and also the fact that the trial in the case is unlikely to be concluded in the near future but without expressing any final opinion on the merit and de-merit of the case, I am now inclined to grant benefit of bail to the accused-petitioner.
Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed.
It is ordered that the accused-petitioner Monu @ Mukesh Sain S/o Shri Jagdish Sain in F.I.R. No.244/2014, registered at Police Station Ramganj, District Ajmer shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(PRASHANT KUMAR AGARWAL),J.
Chauhan/-2 All corrections made in the judgment/ order have been incorporated in the judgment/order being emailed.
Chauhan PS