1 S.B.CRIMINAL MISC. 2nd BAIL APPLICATION NO. 5744/2009 Udha alias Uda Vs. The State of Rajasthan DATE OF ORDER : 5th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Ramesh Purohit for the petitioner. Mr.Anil Joshi, Public Prosecutor for State. .... The petitioner is accused, with the co-accused Narayan, of offences under Sections 341, 323, 447, 325, 308 IPC and Section 3(1) (v) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; and has moved this second application for bail. The first bail application as moved by the petitioner with the co-accused Narayan bearing No.5065/2009 was considered on 15.10.2009. While the learned counsel for the petitioner sought permission to withdraw the bail plea on behalf of the present petitioner, the same was considered in relation to the other accused Narayan and in the totality of circumstances, the said co-accused was ordered to be enlarged on bail. After withdrawing the first bail application, the petitioner applied for bail afresh before the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara but the same was declined on 21.10.2009 particularly with reference 2 to the fact that his earlier bail application had been dismissed by the said Court on 25.09.2009 and his bail application was not allowed by the High Court either. The accusations against the petitioner are of having hit the injured on his back that led to injury on his back bone and having also abused him in the name of caste. The learned counsel for the petitioner has pointed out that though in this case charge-sheet was filed on 05.10.2009 but then, the matter was committed to the concerned Special Court on 20.10.2009 and was adjourned to 02.12.2009 with the Presiding Officer being not available and charge of the Court concerned being held by the learned Sessions Judge. It is further pointed out that on 02.12.2009, the matter has further been adjourned to 18.12.2009 with no further progress; and now, the Presiding Officer is not available whether in the concerned Special Court or in the concerned Sessions Court with the Sessions Judge having retired on 30.11.2009 and no posting having been made yet. In the given set of facts and circumstances with no progress having been made in the matter since after committal to the Court of Sessions as back as on 05.10.2009; and the petitioner being in custody since 23.09.2009, there does not appear any justification to continue with further detention of 3 the petitioner in this case; and it appears just and proper to enlarge him on bail. Accordingly, this bail application under Sec. 439 Cr.P.C. is allowed and it is directed that the petitioner Udha alias Uda s/o Soram Gurjar be released on bail in relation to FIR No.71/2009 Police Station, Badnor District Bhilwara provided he executes a personal bond in the sum of Rs.10,000/- with two sound and solvent sureties in the sum of Rs.5,000/- each to the satisfaction of learned Trial Court for his appearance before that court on each and every date of hearing and whenever and wherever called upon to do so till the completion of trial. (DINESH MAHESHWARI),J. MK