Peetha Ram vs State
2021 Latest Caselaw 2845 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6731/2020

Peetha Ram S/o Shri Bodu Ram, Aged About 53 Years, Tilanesh, Tehsil Degana, District Nagaur. (Lodged In District Jail Merta).

----Petitioner Versus State, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. B Ray Bishnoi
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

02/02/2021

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. 112/2019 of

Police Station Degana, District Nagaur for the offences punishable

under Sections 341, 323, 325, 307/34 IPC. He has preferred this

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

petitioner is in custody since July, 2019 and only six prosecution

witnesses have been examined before the trial court till date,

therefore, he is entitled to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail

application and invited my attention towards the order dated

21.01.2020 passed by this Court in third bail application preferred

(2 of 2) [CRLMB-6731/2020]

by the petitioner along with other co-accused persons, whereby

the bail application was dismissed while observing that two injured

witnesses Banna Ram and Tulsi Ram have specifically levelled

allegation of assault against the petitioners. Learned Public

Prosecutor, therefore, submitted that the petitioner is not entitled

to be enlarged on bail.

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, the bail application preferred by the petitioner

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

(VIJAY BISHNOI),J

Surabhii/17-

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