Sandeep Gupta @ Sandy vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.308/2020 of Police Station Raipur, Distt. Pali for the offence punishable under Sections 285, 379, 420, 467, 468, 471, 120-B of IPC, Section 3 of PDPP Act, Sections 15(2)(4), 16 P & MP Act and Sections 3 & 4 of Explosive Substance Act. He has preferred this third bail application under Section 439 Cr.P.C.

The second bail application was dismissed by this Court vide order dated 22.02.2022 as not pressed.

Counsel for the petitioner submits that petitioner was arrested on 30.09.2021, however, upon granting interim bail vide order dated 06.07.2022, he absconded on 21.07.2022. Thereafter, the petitioner was arrested through production warrant on 15.02.2023 and since then he is in judicial custody. Learned counsel argued that a case of similar nature has been registered against the present petitioner in Gujarat also wherein he has been granted bail by the Gujarat High Court. Furthermore, out of seventeen cases, he has been acquitted in eight cases and in rest of the cases, he is bailed out. Counsel argued that till today only three prosecution witnesses have been examined and trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complaint have vehemently opposed the bail application.

Learned counsel for the complainant submitted that trial is going on and there is no change of circumstances, so as to grant benefit of bail to the petitioner, he has already misused the liberty of interim bail which was granted to him. Now, again if bail is granted to the petitioner, there is a possibility that he may not appear before the trial Court. Counsel further submitted that seventeen cases of similar nature has been registered against him, and there is every likelihood that he will repeat the alleged offence, therefore, it is prayed that benefit of bail may not be granted to the petitioner.

Considered the arguments advanced before me and carefully gone through the material available on record .

From the perusal of record, it is evident that seventeen cases of similar nature have been registered against the present petitioner, out of which, in eight cases he has already been acquitted. Furthermore, he has been granted bail in case of similar nature by the Gujarat High Court and in rest of the cases, he has been bailed out. The accused-petitioner is in judicial custody since 15.02.2023 and only three prosecution witnesses have been examined before the trial Court, therefore, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sandeep Gupta @ Sandy S/o Vijendra Gupta, shall be released on bail in connection with FIR No. 308/2020 of Police Station Raipur, Distt. Pali provided he executes a personal bond in a sum of Rs. 2,00,000/- with two sound and solvent sureties of Rs.1,00,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.