Hemant @ Circuit vs State Of Rajasthan
2021 Latest Caselaw 3069 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1660/2021

Hemant @ Circuit S/o Lekhraj, Aged About 28 Years, R/o House No. 3, Gandhi Nagar, Malla Tallai, Police Station Amba Mata, Dist. Udaipur (Raj.). (Lodged In Central Jail, Udaipur).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. JVS Deora
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

04/02/2021

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. 411/2020 of

Police Station Suker, District Udaipur for the offences punishable

under Sections 307, 341, 323, 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

the allegation of inflicting injury upon the injured, which is

dangerous to life is not against the petitioner. It is further

submitted that charge-sheet has been filed and trial of the case

will take time.

Per contra, learned Public Prosecutor has opposed the bail

application and submitted that the petitioner and other co-accused

persons have assaulted the complainant Gajendra without there

being any reason and the injury received on the body of the

injured is dangerous to life.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record, 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 dismissed. However, the petitioner is

at liberty to file fresh bail application before the trial court after

recording of statements of complainant Gajendra and eye

witnesses Manoj and Bharat.

(VIJAY BISHNOI),J

Surabhii/66-

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