Criminal bail application dismissed. Court refused bail as the complainant failed to appear for statement recording despite assurances given in previous applications.
Bail application dismissed. Bail not enlarged. Freedom to move fresh application if circumstances change or complainant fails to appear.
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[2024:RJ-JD:23405]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3096/2024
Pradeep S/o Shri Balwanta Ram, Aged About 26 Years, R/o Motaniya, Ps Matoda, Dist Jodhpur, Raj. (Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Vinod Kumar Sharma |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi, PP |
| Mr. Prakash Panwar, AGA | |
| Mr. Bhanwaru Ram |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
23/05/2024
Learned counsel for the petitioner submitted that despite repeated summons and arrest warrants issued against the complainant- Kanwar Lal, he is not appearing before the competent trial court for the recording of his statements.
This Court from a perusal of the order dated 21.12.2023 passed by the Co-ordinate Bench of this Court in previous- 3rd bail application filed by the petitioner, finds that learned counsel for the complainant Shri B.R. Godara had assured the Court that evidence of the complainant will be recorded before the trial court on the next date of hearing fixed in the matter.
Be that as it may, till date the statements of the complainant have yet not been recorded before the trial court.
[2024:RJ-JD:23405]
[CRLMB-3096/2024]
(2 of 2)
Learned counsel for the complainant- Kanwar Lal has yet again assured the Court that the complainant will appear before the trial court for getting his statements recorded positively on the next date of hearing.
In view of the aforesaid, this Court is not inclined to enlarge the petitioner on bail at this stage. However, it is made clear that in case the complainant fails to appear before the trial court for recording of his statements on the next date or if there is a change in circumstances warranting grant of bail, the petitioner shall be free to move a fresh bail application before this Court.
(KULDEEP MATHUR),J
9-divya/-
2 issues framed by the court
Whether the petitioner should be enlarged on bail considering the complainant's failure to appear for recording statements.
Whether assurance given by the complainant's counsel is sufficient to grant bail with respect to lack of recording of statement.
Pradeep S/o Shri Balwanta Ram
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
