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Rajasthan High Court - Jaipur

Prakash Jha @ Babua vs State Of Rajasthan Through Pp on 2 September, 2016

                                                           S.B. CRLMB No. 8928/2016

                             1
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
                       BENCH, JAIPUR

                               ORDER

       S.B. Criminal Misc. 2nd Bail Application No. 8928/2016

      Prakash Jha @ Babua son of Santosh Jha B/C
      Brahman R/o 9/141 Govind Nagar P.s. Udhyog Nagar
      District Kota.

                                         Accused-Petitioner

      The State of Rajasthan through P.P.

                                              Non-Petitioner

Date of Order:- 2nd September, 2016

       HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Mr. Abdul Kalam Khan, for the petitioner.

Mr. Aladeen Khan, PP for the State.

The present second bail application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 19/2016, registered at Police Station Udhyog Nagar, Kota, for the offences under Sections 420, 406, 467, 468, 471 and 120-B IPC.

Earlier bail application preferred by the petitioner bearing S.B. Cr. Misc. Bail Application No.8143/2016 was dismissed as withdrawn on 8.7.2016 with liberty to the petitioner to apply for bail after filing of the charge-sheet.

The learned counsel for the petitioner has submitted that now the charge-sheet has been filed.

Considering the nature of allegations and fact that it is a case of Magisterial trial and the trial of the case will take long time to conclude, this Court is of the view that the continuous detention of the petitioner after filing of the charge-sheet as an under trial is S.B. CRLMB No. 8928/2016 2 not warranted.

Consequently, the present second bail application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial to the satisfaction of the trial court.

(KANWALJIT SINGH AHLUWALIA)J. Mak/ 21