Single-judge order dismissing a second bail application. The court held that changes in circumstances were not established despite the recording of witness statements, resulting in the application being rejected. The trial court was directed to expedite proceedings.
Second bail application dismissed. Trial court directed to expedite trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail 2nd Application No. 13145/2022
Ashok Kumar Son of Ramavtar, Aged About 21 Years, R/o Khirod, Police Station Nawalgarh, Distt. Jhunjhunu Rajasthan (At Present Petitioner Lodged In Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Rishi Raj Singh Rathore For Respondent(s) : Mr. Sher Singh Mahla-PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
15/11/2022
Counsel for the petitioner submits that vide order dated 27.05.2022, the first bail application of the accused petitioner was dismissed as withdrawn with liberty to renew the prayer after recording the statement of the recovery witness. Counsel submits that after issuing the aforesaid direction, statements of the recovery witnesses namely; PW4- Rajat and PW6- Rajeev Kumar have been recorded. Counsel further submits that PW4- Rajat is an independent witness of recovery and he has not stated anything adverse against the petitioner. Counsel submits that PW6- Rajeev Kumar is not an independent witness, so the indulgence of bail be extended to the petitioner.
Learned Public Prosecutor has opposed the arguments raised by the counsel for the petitioner.
(2 of 2)
[CRLMB-13145/2022]
Perusal of the statement of witness PW6- Rajeev Kumar, it is clear that the samsung mobile was recovered at the instance of the petitioner. I do not find any change in the circumstances, no case is made out to grant indulgence of bail to the petitioner.
Accordingly, the 2nd bail application stands dismissed.
However, the trial Court is expected to expedite the trial.
(ANOOP KUMAR DHAND),J
Ashu/46
1 issue framed by the court
Whether to grant bail in the light of recorded witness statements and lack of change in circumstances.
Ashok Kumar
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
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