Rajasthan High Court – Jaipur
Rajesh Meena @ Raju S/O Shri Mangalchand vs State Of Rajasthan (2025:Rj-Jp:20858) on 16 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JP:20858]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 10232/2024
Rajesh Meena @ Raju S/o Shri Mangalchand, Aged About 24
Years, R/o Gram Doodhawala, Post Jeetawala, Tehsil Bassi, P.s.
Kanota, Jaipur. (Presently Accused Petitioner Is Confined In
Central Jail, Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Chauhan
For Respondent(s) : Mr. O.S. Rajpurohit, PP
Mr. Jitendra Singh
HON’BLE MR. JUSTICE FARJAND ALI
(Through Video Conferencing)
Order
16/05/2025
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 439 Cr.P.C. at the instance
of accused-petitioner. The requisite details of the matter are
tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 286/2021 2. Concerned Police Station Kanota 3. District Jaipur (East) 4. Offences alleged in the FIR Under Sections 323, 341 & 307/34 of IPC 5. Offences added, if any Sections 302 & 120B of IPC
2. It is contended on behalf of the accused-petitioner that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play in
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the case at hand that may work against grant of bail to the
accused-petitioner and he has been made an accused based
on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor opposes the bail
application and submits that the present case is not fit for
enlargement of accused on bail.
4. I have considered the submissions made by both the parties
and have perused the material available on record.
5. Indisputably, the petitioner has been languishing in jail for
the last four years, and the trial is not progressing. Out of a
total of thirty-eight witnesses, only seven have been
examined so far. Looking at the snail’s pace at which the trial
is proceeding, it can reasonably be speculated that several
more years may be consumed before arriving at a legitimate
conclusion.
6. The co-accused, Rohit and others, have already been
enlarged on bail. The eyewitness account of the incident is
not available, and at this stage, the submission cannot be
ignored that the circumstances brought against the petitioner
are neither definite in tendency nor conclusive in nature, and
do not point clearly towards his guilt.
7. Be that as it may. This Court is of the considered opinion that
an accused should remain in custody pending trial only for a
reasonable period. If the case is triable by a Sessions Court,
the trial should ideally be completed within a session, which
generally means within one year. In special circumstance-
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such as a large number of prosecution witnesses, limited
court working days, the unavailability of lawyers, and other
unavoidable situations- the time for completion of trial may
be reasonably extended. However, under no stretch of
imagination can such delay be justified for a period exceeding
four years.
8. There is high probability that the trial may take long time to
conclude. In light of these facts and circumstances, it is
deemed suitable to grant the benefit of bail to the petitioner
in the present matter.
9. Accordingly, the instant bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner
as named in the cause title shall be enlarged on bail provided
he furnishes a personal bond in the sum of Rs.50,000/- with
two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance before the court
concerned on all the dates of hearing as and when called
upon to do so.
(FARJAND ALI),J
Samvedana/9
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