Budha Ram vs State Of Rajasthan And Ors

The present application for cancellation of bail has been filed by the petitioner seeking cancellation of bail granted to the accused-respondent No.2 by

the learned trial Court vide order dated 06/07/2019 in connection with F.I.R. No. 120/2010 registered at Police Station Jaitaran, District Pali for the

offences under Sections 457, 435 and 436 of IPC.

Heard learned counsel for the petitioner and learned public prosecutor.

Learned counsel for the petitioner submits that learned Additional Sessions Judge has enlarged the respondent No.2 on bail vide order dated

06/07/2019 without recording any reasons for the same. He further submits that on earlier occasion also, the respondent No.2 was proceeded against

the petitioner under Section 107 Cr.P.C. The present petitioner has suffered loss of property in the present case when the respondent No.2 has set on

fire the house in which all the articles including one Activa, Spander Motor Cycle, Water Motor of 10 horse power, 3 bags cumin seeds, 6 bags of

Lungra and other domestic articles were burnt. He further submits that on earlier occasion also, this Court has rejected the bail application of the

respondent No.2 vide order dated 29/05/2019. He, therefore, prays that the bail granted by learned trial Court vide its order dated 06/07/2019 may be

cancelled.

I have considered the submissions made at the bar and I have gone through the order dated 06/07/2019.

It is observed that the learned trial Court has granted the bail to the respondent No.2 while exercising its discretion and noting the entire facts in the

matter by a speaking order. Therefore, the order passed by learned trial Court dated 06/07/2019 does not suffer from any infirmity. It is also noted that

while rejecting the bail application of the respondent No.2 by this Court on the earlier occasion, a liberty was granted to move the fresh bail application

before learned trial Court after filing the charge sheet. In the present set of facts after the investigation, charge sheet in the matter was filed and the

learned trial Court after dealing with the facts in detail has exercised its jurisdiction while enlarging the respondent No.2 on bail.

Considering the above facts, I am not inclined to interfere in the order dated 06/07/2019 passed by learned trial Court and, therefore, the application

for cancellation of bail is found devoid of merit and the same is, therefore, dismissed.