Mangilal vs State
2021 Latest Caselaw 2685 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 14161/2020

Mangilal S/o Narayanlal Jat, Aged About 30 Years, R/o Khalatod, Police Station Kheroda, Thel. Vallabhnagar, District Udaipur. (Lodged In Central Jail, Udaipur).

----Petitioner Versus The State of Rajasthan

----Respondent

For Petitioner(s) : Mr. J.V.S. Deora For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No.127/2018 of

Police Station Kheroda, District Udaipur for the offences

punishable under Sections 427, 327 and 302 IPC. He has

preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is argued that

the allegation against the petitioner of assaulting his father is false

because no such incident as alleged in the complaint ever took

place. It is also submitted that after filing of charge-sheet, as

many as six prosecution witnesses have been examined and from

(2 of 2) [CRLMB-14161/2020]

the evidence of those witnesses, it is clear that the petitioner has

falsely been implicated in this case.

Learned Public Prosecutor has opposed the bail application

and submitted that complainant-Jeetmal (PW-1) and the other

witnesses have reiterated the allegation levelled against the

petitioner during the course of police investigation. Learned Public

Prosecutor has invited my attention towards the statements of

PW-1 Jeetmal and PW-3 Gheesi.

Having regard to the totality of the facts and circumstances

of the case 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.

Accordingly, this second bail application preferred by the

petitioner under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.17

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