HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9555/2020 Vishnu Vishnoi S/o Shri Sangram, Aged About 29 Years, Surtanagar, Khudala, P.s. Jhanwar, District Jodhpur. (At Present Lodged In Central Jail Jodhpur).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr D.L.Rawla
For Respondent(s) : Mr A.R.Choudhary
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/01/2021
Learned counsel for the petitioner has submitted that as per the prosecution story, the allegation against the petitioner is to the effect that he had tried to fire gunshot in the office of the complainant with intention to kill him, however, the same was misfired.
Learned counsel for the petitioner has further submitted that after rejection of earlier bail application of the petitioner, statements of the complainant and other witnesses have been recorded before the trial court. It is submitted that the complainant in his statement has specifically stated that he did not see the petitioner while trying to fire gunshot in his office with intention to kill him. It is further submitted that another important witness viz. Om Prakash has not supported the prosecution story. It is further submitted that brother of the complainant has not (Downloaded on 19/01/2021 at 08:49:17 PM) (2 of 2) [CRLMB-9555/2020] levelled any allegation against the petitioner. Learned counsel for the petitioner has, therefore, prayed that in view of the above facts and circumstances of the case, petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner was a member of interstate gang, which indulged in extorting money from affluent persons by threatening them and in that process, the petitioner under the instructions of his masters had entered into the office of the complainant and tried to fire gunshot with intention to kill the complainant as he had refused to give the extortion. It is further submitted that the petitioner being a member of interstate gang, which is indulged in extorting money, is not entitled to be enlarged on bail.
Having heard learned counsel for the parties and having perused the material available on record, and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Hence, this third bail application of the petitioner is rejected.
(VIJAY BISHNOI),J masif/-PS (Downloaded on 19/01/2021 at 08:49:17 PM) Powered by TCPDF (www.tcpdf.org)