Mukesh Kumar vs State Of Rajasthan (2026:Rj-Jd:17551) on 7 April, 2026

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    Rajasthan High Court – Jodhpur

    Mukesh Kumar vs State Of Rajasthan (2026:Rj-Jd:17551) on 7 April, 2026

    [2026:RJ-JD:17551]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                             JODHPUR
        S.B. Criminal Miscellaneous Bail Application No. 3288/2026
    
    Mukesh Kumar S/o Shri Jagdish Kumar, Aged About 30 Years,
    Resident Of Dantiwas Police Station Bhinmal District Jalore
    Rajasthan (Presently Lodged In Central Jail Jodhpur)
                                                                        ----Petitioner
                                         Versus
    State Of Rajasthan, Through PP
                                                                      ----Respondent
    
    
    For Petitioner(s)          :     Mr. Dilip Sharma
    For Respondent(s)          :     Mr. Pawan Bhati, PP
                                     Mr. Vineet Jain, Sr. Advocate
                                     Mr. Om Prakash Mehta
                                     assisted by V.D. Gaur for complainant
    
    
    
               HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

    Order

    07/04/2026
    The instant fourth bail application for bail under Section 483

    SPONSORED

    of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has

    been arrested in the present matter. The requisite details of the

    matter are tabulated herein below:

    S. No.                     Particulars of the case
       1.      FIR Number                  424/2023
       2.      Police Station              Sanchore
       3.      District                    Jalore
    

    4. Offences alleged in the FIR Section 341, 302, 34 & 120-
    B
    IPC and 3/25 Arms Act

    5. Offences added, if any Section 212, 201 IPC and
    7/27 Arms Act

    The third bail application of the petitioner bearing S.B. Cri.

    Misc. 3rd Bail Application No. 9138/2025 was dismissed as not

    pressed on 10.11.2025. The present 4 th application for bail has

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    been filed on the ground that after rejection of third bail

    application, co-accused Mahendra Kumar @ Mahendra Singh, Sunil

    @ Gopiya & Mahipal have been released on bail.

    Learned counsel for the petitioner submits that the petitioner

    has been falsely implicated in the present case and no specific role

    or allegation of causing firearm injury on deceased has been

    attributed to petitioner. It is further submitted that the entire

    prosecution case rests upon circumstantial evidence and

    disclosure statements of co-accused persons, which are not

    admissible in evidence.

    It is contended that, as per the prosecution story, co-accused

    Prakash Godara, in the presence of the present petitioner,

    Kamlesh Kumar and Bhupendra Punia, allegedly entered into a

    contract of ₹25 lakhs for arranging shooters to commit murder of

    Laxman Dewasi, by contacting his associate Vishnoi Bishnoi @

    Vishnu Khudala. It is further alleged that the entire conspiracy was

    hatched at a hotel owned by Bhupendra Punia, however, neither

    any CCTC footage of the hotel, where the petitioner had met the

    co-accused, nor any call details or location have been placed on

    record to establish the presence or involvement of the petitioner in

    the alleged conspiracy. It is further contended that the role

    attributed to the petitioner is that he, along with three alleged

    shooters namely Sahil Alvi, Navin @ Gandhi, and Rajan Mehra,

    arrived at Sanchore in a Fortuner vehicle, which was allegedly

    driven by the petitioner. It is alleged that they chased the vehicle

    of the deceased, intercepted it, and committed the murder before

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    fleeing from the spot. The allegations against the petitioner are

    thus of hatching the conspiracy and of driving the vehicle,

    however, no recovery whatsoever has been effected from the

    present petitioner.

    Learned counsel for the petitioner further submits that there

    is no evidence available on record to establish the presence of the

    petitioner at the place of incident at the relevant point of time. It

    is contended that the petitioner is not seen in the CCTV footage

    collected during investigation. It is also submitted that no

    independent witness has been cited by the prosecution and the

    witnesses relied upon are related/interested witnesses, thereby

    rendering their testimony doubtful. It is further argued that the

    F.I.R. has been lodged with a delay of about 14 hours, which

    creates doubt over the prosecution story. It is also argued that no

    Test Identification Parade was conducted and no recovery of any

    weapon or incriminating article has been effected from the

    petitioner.

    Learned counsel further submits that the petitioner is in

    custody since 20.08.2023 and has undergone incarceration for

    more than two and a half years. It is also contended that several

    co-accused persons, including those alleged to be part of the

    conspiracy, namely Vishnu @ Vishnu Khudala, Mahesh, Lalit,

    Bhupendra, Tag Singh, Usman @ Bablu, Kamlesh Kumar, Mangilal

    @ Tatiya, Hanuman Ram, Ghewarchand, Suresh Kumar,

    Omprakash @ Pappu Ram, Sunil @ Gopiya, Mahipal, Mahendra

    Kumar @ Mahendra Singh have already been enlarged on bail by

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    this Court. It is additionally submitted that the petitioner was

    earlier released on interim bail twice and he has not misused the

    liberty granted to him. It is further contended that out of total 37

    prosecution witnesses, not even a single witness has been

    examined till date and the case is still at the stage of framing of

    charge, hence, the trial of the case is likely to take considerable

    time, therefore, the petitioner may be enlarged on bail.

    Per contra, learned Public Prosecutor as well as learned

    counsel for the Complainant have vehemently opposed the bail

    application and submit that the petitioner is an active participant

    in a well-planned conspiracy to commit murder. It is argued that

    as per the charge-sheet, the petitioner played a significant role in

    facilitating the commission of offence by driving the vehicle used

    in the crime and assisting the assailants. It is further contended

    that there is sufficient material available on record, including

    statements of witnesses and other circumstantial evidence, which

    connects the petitioner with the alleged offence, furthermore the

    petitioner have 10 other criminal antecedents against him and,

    therefore, he does not deserve to be enlarged on bail.

    In response, learned counsel for the petitioner submits that

    the criminal cases attributed to the petitioner pertain to the period

    prior to the year 2023 and the petitioner has already been

    enlarged on bail in most of those cases. It is further submitted

    that none of the said cases are of similar nature to the present

    offence and mere pendency of criminal cases cannot be a ground

    to deny bail to the petitioner.

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    I have considered the rival submissions and perused the

    material available on record including the charge-sheet.

    Having regard to the facts and circumstances of the case,

    this Court notices that the allegation of firing the fatal shots is not

    attributed to the present petitioner, rather, his alleged role is

    limited to hatching the conspiracy and driving the said vehicle.

    The case against the petitioner appears to be primarily based on

    circumstantial evidence and disclosure statements. It is also not in

    dispute that no recovery of weapon or vehicle has been effected

    from the petitioner.

    The Hon’ble Apex Court in Javed Gulam Nabi Sheikh vs.

    State of Maharastra and Anr. (Crl.A.2787/2024) while

    granting bail to the accused has observed that the petitioner has a

    right to speedy trial under Article 21 which applies irrespective of

    the nature of the crime. The relevant para are quoted hereinunder

    as:

    “7 Having heard the learned counsel appearing for the parties and having
    gone through the materials on record, we are inclined to exercise our
    discretion in favour of the appellant herein keeping in mind the following
    aspects:

    (i) The appellant is in jail as an under-trial prisoner past four years;

    (ii) Till this date, the trial court has not been able to even proceed to
    frame charge; and

    (iii) As pointed out by the counsel appearing for the State as well as NIA,
    the prosecution intends to examine not less than eighty witnesses.

    8 Having regard to the aforesaid, we wonder by what period of time, the
    trial will ultimately conclude. Howsoever serious a crime may be, an
    accused has a right to speedy trial as enshrined under the Constitution of
    India.

    9 Over a period of time, the trial courts and the High Courts have
    forgotten a very well settled principle of law that bail is not to be
    withheld as a punishment.

    10 In the aforesaid context, we may remind the trial courts and the High
    Courts of what came to be observed by this Court in Gudikanti

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    Narasimhulu & Ors. v. Public Prosecutor, High Court reported in
    (1978) 1 SCC 240. We quote:

    “What is often forgotten, and therefore warrants reminder, is the
    object to keep a person in judicial custody pending trial or
    disposal of an appeal. Lord Russel, C.J., said [R v. Rose, (1898)
    18 Cox] :

    “I observe that in this case bail was refused for the
    prisoner. It cannot be too strongly impressed on the,
    magistracy of the country that bail is not to be withheld
    as a punishment, but that the requirements as to bail are
    merely to secure the attendance of the prisoner at trial.”

    11 The same principle has been reiterated by this Court in Gurbaksh
    Singh Sibba v. State of Punjab
    reported in (1980) 2 SCC 565 that the
    object of bail is to secure the attendance of the accused at the trial, that
    the proper test to be applied in the solution of the question whether bail
    should be granted or refused is whether it is probable that the party will
    appear to take his trial and that it is indisputable that bail is not to be
    withheld as a punishment.

    12 Long back, in Hussainara Khatoon v. Home Secy., State of Bihar
    reported in (1980) 1 SCC 81, this court had declared that the right to
    speedy trial of offenders facing criminal charges is “implicit in the broad
    sweep and content of Article 21 as interpreted by this Court”. Remarking
    that a valid procedure under Article 21 is one which contains a procedure
    that is “reasonable, fair and just” it was held that:

    “Now obviously procedure prescribed by law for depriving a
    person of liberty cannot be “reasonable, fair or just” unless that
    procedure ensures a speedy trial for determination of the guilt of
    such person. No procedure which does not ensure a reasonably
    quick trial can be regarded as “reasonable, fair or just” and it
    would fall foul of Article 21. There can, therefore, be no doubt
    that speedy trial, and by speedy trial we mean reasonably
    expeditious trial, is an integral and essential part of the
    fundamental right to life and liberty enshrined in Article 21. The
    question which would, however, arise is as to what would be the
    consequence if a person accused of an offence is denied speedy
    trial and is sought to be deprived of his liberty by imprisonment
    as a result of a long delayed trial in violation of his fundamental
    right under Article 21.”

    13 The aforesaid observations have resonated, time and again, in several
    judgments, such as Kadra Pahadiya & Ors. v. State of Bihar reported in
    (1981) 3 SCC 671 and Abdul Rehman Antulay v. R.S. Nayak reported
    in (1992) 1 SCC 225. In the latter the court re-emphasized the right to
    speedy trial, and further held that an accused, facing prolonged trial, has
    no option:

    “The State or complainant prosecutes him. It is, thus, the
    obligation of the State or the complainant, as the case may be, to
    proceed with the case with reasonable promptitude. Particularly,
    in this country, where the large majority of accused come from
    poorer and weaker sections of the society, not versed in the ways

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    of law, where they do not often get competent legal advice, the
    application of the said rule is wholly inadvisable. Of course, in a
    given case, if an accused demands speedy trial and yet he is not
    given one, may be a relevant factor in his favour. But we cannot
    disentitle an accused from complaining of infringement of his
    right to speedy trial on the ground that he did not ask for or
    insist upon a speedy trial.”

    14 In Mohd Muslim @ Hussain v. State (NCT of Delhi) reported in
    2023 INSC 311, this Court observed as under:

    “21 Before parting, it would be important to reflect that laws
    which impose stringent conditions for grant of bail, may be
    necessary in public interest; yet, if trials are not concluded in
    time, the injustice wrecked on the individual is immeasurable.
    Jails are overcrowded and their living conditions, more often
    than not, appalling. According to the Union Home Ministry’s
    response to Parliament, the National Crime Records Bureau had
    recorded that as on 31st December 2021, over 5,54,034
    prisoners were lodged in jails against total capacity of 4,25,069
    lakhs in the country. Of these 122,852 were convicts; the rest
    4,27,165 were undertrials.

    22. The danger of unjust imprisonment, is that inmates are at
    risk of “prisonisation” a term described by the Kerala High
    Court in A Convict Prisoner v. State reported in 1993 Cri LJ
    3242, as “a radical transformation” whereby the prisoner:

    “loses his identity. He is known by a number. He loses
    personal possessions. He has no personal relationships.
    Psychological problems result from loss of freedom,
    status, possessions, dignity any autonomy of personal
    life. The inmate culture of prison turns out to be dreadful.
    The prisoner becomes hostile by ordinary standards.
    Self-perception changes.”

    23. There is a further danger of the prisoner turning to crime, “as
    crime not only turns admirable, but the more professional the
    crime, more honour is paid to the criminal” (also see Donald
    Clemmer’s ‘The Prison Community’ published in 1940).
    Incarceration has further deleterious effects – where the accused
    belongs to the weakest economic strata: immediate loss of
    livelihood, and in several cases, scattering of families as well as
    loss of family bonds and alienation from society. The courts
    therefore, have to be sensitive to these aspects (because in the
    event of an acquittal, the loss to the accused is irreparable), and
    ensure that trials – especially in cases, where special laws enact
    stringent provisions, are taken up and concluded speedily.”
    15 The requirement of law as being envisaged under Section 19 of the
    National Investigation Agency Act, 2008 (hereinafter being referred to as
    “the 2008 Act”) mandates that the trial under the Act of any offence by a
    Special Court shall be held on day-to-day basis on all working days and
    have precedence over the trial of any other case and Special Courts are to
    be designated for such an offence by the Central Government in

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    consultation with the Chief Justice of the High Court as contemplated
    under Section 11 of the 2008.

    16 A three-Judge Bench of this Court in Union of India v. K.A. Najeeb
    reported in (2021) 3 SCC 713] had an occasion to consider the long
    incarceration and at the same time the effect of Section 43-D(5) of the UAP
    Act and observed as under : (SCC p. 722, para 17)
    “17. It is thus clear to us that the presence of statutory
    restrictions like Section 43-D(5) of the UAPA per se does not
    oust the ability of the constitutional courts to grant bail on
    grounds of violation of Part III of the Constitution. Indeed, both
    the restrictions under a statute as well as the powers exercisable
    under constitutional jurisdiction can be well harmonised.
    Whereas at commencement of proceedings, the courts are
    expected to appreciate the legislative policy against grant of bail
    but the rigours of such provisions will melt down where there is
    no likelihood of trial being completed within a reasonable time
    and the period of incarceration already undergone has exceeded a
    substantial part of the prescribed sentence. Such an approach
    would safeguard against the possibility of provisions like Section
    43-
    D(5) of the UAPA being used as the sole metric for denial of
    bail or for wholesale breach of constitutional right to speedy
    trial.”

    17 In the recent decision, Satender Kumar Antil v. Central Bureau of
    Investigation
    reported in (2022) 10 SCC 51, prolonged incarceration and
    inordinate delay engaged the attention of the court, which considered the
    correct approach towards bail, with respect to several enactments,
    including Section 37 NDPS Act. The court expressed the opinion that
    Section 436A (which requires inter alia the accused to be enlarged on bail if
    the trial is not concluded within specified periods) of the Criminal
    Procedure Code
    , 1973 would apply:

    “We do not wish to deal with individual enactments as each
    special Act has got an objective behind it, followed by the rigour
    imposed. The general principle governing delay would apply to
    these categories also. To make it clear, the provision contained in
    Section 436-A of the Code would apply to the Special Acts also
    in the absence of any specific provision. For example, the rigour
    as provided under Section 37 of the NDPS Act would not come
    in the way in such a case as we are dealing with the liberty of a
    person. We do feel that more the rigour, the quicker the
    adjudication ought to be. After all, in these types of cases
    number of witnesses would be very less and there may not be
    any justification for prolonging the trial. Perhaps there is a need
    to comply with the directions of this Court to expedite the
    process and also a stricter compliance of Section 309 of the
    Code.”

    18 Criminals are not born out but made. The human potential in everyone is
    good and so, never write off any criminal as beyond redemption. This
    humanist fundamental is often missed when dealing with delinquents,
    juvenile and adult. Indeed, every saint has a past and every sinner a future.

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    When a crime is committed, a variety of factors is responsible for making
    the offender commit the crime. Those factors may be social and economic,
    may be, the result of value erosion or parental neglect; may be, because of
    the stress of circumstances, or the manifestation of temptations in a milieu
    of affluence contrasted with indigence or other privations.
    19 If the State or any prosecuting agency including the court concerned has
    no wherewithal to provide or protect the fundamental right of an accused to
    have a speedy trial as enshrined under Article 21 of the Constitution then the
    State or any other prosecuting agency should not oppose the plea for bail on
    the ground that the crime committed is serious. Article 21 of the
    Constitution applies irrespective of the nature of the crime.
    20 We may hasten to add that the petitioner is still an accused; not a convict.
    The over-arching postulate of criminal jurisprudence that an accused is
    presumed to be innocent until proven guilty cannot be brushed aside lightly,
    howsoever stringent the penal law may be.

    21 We are convinced that the manner in which the prosecuting agency as
    well as the Court have proceeded, the right of the accused to have a speedy
    trial could be said to have been infringed thereby violating Article 21 of the
    Constitution.

    22 In view of the aforesaid, this appeal succeeds and is hereby allowed. The
    impugned order passed by the High Court is set aside.”

    The Co-ordinate bench of this Court in the case of Sultan @

    Bida vs. State of Rajasthan (S.B. Criminal Misc. 4th Bail

    Application No. 13648/2024), while granting bail to the

    accused under section 302 IPC considering long incarceration has

    held that:

    ” In support of his contentions, learned counsel placed reliance on the
    judgment of Honb’le Supreme Court in the case of Balwinder Singh Vs.
    State of Punjab & Anr. (Special Leave to Appeal (Crl.) No.8523/2024) in
    which while granting bail it has been observed as under:

    ” 9. The incident in the present case occurred on 25.06.2020 and
    the petitioner was arrested soon thereafter on 26.06.2020. By
    now, 6 co accused have been granted bail. As the prosecution
    wishes to examine 17 more witnesses, the trial is unlikely to
    conclude on a near date.

    10. Considering the above and to avoid the situation of the trial
    process itself being the punishment particularly when there is
    presumption of innocence under the Indian jurisprudence, we
    deem it appropriate to grant bail to the petitioner – Balwinder
    Singh. It is ordered accordingly. Appropriate bail conditions be
    imposed by the learned trial court.”

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    A coordinate Bench of this Court in the case of Umesh Vyas vs. State
    of Rajasthan (S.B. Criminal Misc. II Bail Application No.14958/2022), vide
    order dated 17.03.2023, also observed as follows:

    “The Hon’ble Supreme Court in the cases of Abdul Majeed Lone
    Vs. Union Territory of Jammu and Kashmir [Special Leave to
    Appeal (Crl.) No.3961/2022], Amit Singh Moni Vs. State of
    Himachal Pradesh (Criminal Appeal No.668/2020), Tapan Das
    Vs. Union of India [Special Leave to Appeal (Criminal)
    No.5617/2021], Kulwant Singh Vs. State of Punjab [Special
    Leave to Appeal (Criminal) No.5187/2019], Ghanshyam Sharma
    Vs. State of Rajasthan [Special Leave to Appeal (Criminal)
    No.5397/2019], Nadeem Vs. State of UP [Special Leave to
    Appeal (Criminal) No.1524/2022] and Mukesh Vs. The State of
    Rajasthan [Special Leave to Appeal (Criminal) No.4089/2021]
    has granted bail to the accused persons, against whom the
    allegations are of transporting or possessing narcotic contraband
    above commercial quantity, on the ground of custody period and
    taking into consideration the fact that the trial against the said
    accused persons will take time in completion. The Hon’ble
    Supreme Court has ordered for release of the accused persons
    who were in custody from two years to four years. Learned Public
    Prosecutor has opposed the bail application.

    Having regard to the totality of the facts and
    circumstances of the case, I deem it appropriate to allow this fifth
    bail application solely on the ground of custody period of the
    accused petitioner and keeping in view the fact that the trial
    against him has not been completed till date.

    Accordingly, without expressing any opinion on the merits
    of the case, this third bail application filed under Section 439
    Cr.P.C. is allowed and it is directed that petitioner Umesh Vyas S/
    o Shri Ganeshlal Ji shall be released on bail in connection with
    FIR No.15/2019 of Police Station Charbhuja, District Rajsamand
    provided he executes a personal bond in a sum of Rs.50,000/-
    with two sound and solvent sureties of Rs.25,000/- 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.”

    The petitioner is in judicial custody since 21.11.2019 and the trial of
    the case will take sufficiently long time. With these submissions, learned
    counsel for the petitioner prayed that the benefit of bail may be granted to
    the accused-petitioner.

    Learned AAG and learned counsel for the complainant have opposed
    the prayer of bail.

    I have considered the arguments advanced before me and gone
    through the material available on record.

    It is not disputed that the accused petitioner has so far suffered
    incarceration of more than 5 years and trial is still going on. Therefore, I

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    deem it just and proper to grant bail to the accused petitioner under Section
    483 B.N.S.S.”

    The Hon’ble Apex Court in the case of Abhimanue Etc. Etc.

    vs. State of Kerala passed in SLP (CRIMINAL) NOS.5814-

    5816 OF 2025, while relying upon the decision in Ayub Khan vs.

    State of Rajasthan has held that criminal antecedents by

    themselves does not constitute a ground for denial of bail. The

    Hon’ble Court has held that:

    “23. Our attention was also invited to the status report “led by the State, to
    indicate the various criminal antecedents of the appellants. Suffice it to say,
    however, that such antecedents by themselves cannot constitute a ground for
    denial of bail. In this context, a useful reference may be made to the
    decision of a coordinate Bench of this Court in Ayub Khan v. State of
    Rajasthan
    (2024 SCC OnLine SC 3763) of which one of us (Augustine
    George Masih, J.) was a member. The relevant paragraph therefrom is
    extracted below:

    “10. The presence of the antecedents of the accused is only one of
    the several considerations for deciding the prayer for bail made
    by him. In a given case, if the accused makes out a strong prima
    facie case, depending upon the fact situation and period of
    incarceration, the presence of antecedents may not be a ground to
    deny bail. There may be a case where a Court can grant bail only
    on the grounds of long incarceration. The presence of
    antecedents may not be relevant in such a case. In a given case,
    the Court may grant default bail. Again, the antecedents of the
    accused are irrelevant in such a case. Thus, depending upon the
    peculiar facts, the Court can grant bail notwithstanding the
    existence of the antecedents. ……… .””

    This Court further notices that several co-accused persons,

    including those alleged to be part of the conspiracy, namely

    Vishnu @ Vishnu Khudala, Mahesh, Lalit, Bhupendra, Tag Singh,

    Usman @ Bablu, Kamlesh Kumar, Mangilal @ Tatiya, Hanuman

    Ram, Ghewarchand, Suresh Kumar, Omprakash @ Pappu Ram,

    Sunil @ Gopiya, Mahipal, Mahendra Kumar @ Mahendra Singh

    have already been enlarged on bail by this Court; the petitioner is

    in custody since 20.08.2023 and the trial is likely to take

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    considerable time for its conclusion. The petitioner was also

    granted interim bail earlier and there is no allegation of misuse of

    such liberty.

    Therefore, in view of the aforesaid principles laid down,

    without expressing any opinion on the merits of the case and

    considering the totality of facts and circumstances, particularly the

    nature of allegations, the evidence available on record, the period

    of custody and the principle of parity, this Court is inclined to

    enlarge the petitioner on bail.

    Accordingly, the present fourth bail application under Section

    439 Cr.P.C. is allowed and it is ordered that the petitioner Mukesh

    Kumar S/o Jagdish Kumar shall be released on bail in connection

    with F.I.R. No. 424/2023 registered at Police Station Sanchore,

    District Jalore, provided he furnishes a personal bond in the sum

    of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to

    the satisfaction of the learned trial court. The petitioner shall

    appear before the trial court on all dates of hearing and shall not

    tamper with the evidence or influence any witness. He shall not

    leave the country without prior permission of the trial court and

    shall not indulge in any criminal activity. In case of breach of any

    of the conditions, the prosecution shall be at liberty to seek

    cancellation of bail.

    (MUKESH RAJPUROHIT),J
    194-/Jitender//-

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