Madan Bharti vs State
2021 Latest Caselaw 3106 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1652/2021

Madan Bharti S/o Prakash Bharti, Aged About 21 Years, R/o Village Kilchu, Police Station Napasar, At Present R/o Road No.8, Near Pappu Ji Shop, Gangashahar, Bikaner (Raj.). (At Present Lodged In Central Jail, Bikaner).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. D.S. Gharsana For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

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.246/2019 of

Police Station Gangashahar, District Bikaner for the offences

punishable under Sections 302, 307, 323, 341, 327, 427, 504,

506, 147, 148 and 149 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 petitioner was not involved in commission of crime. It is

further submitted that two eye witnesses viz. Mukesh and Sanjay

have not supported the prosecution story and turned hostile. It is

(2 of 2) [CRLMB-1652/2021]

also submitted that in view of the above, the petitioner is entitled

to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application

and argued that the allegation levelled by complainant-Deepak in

his court statements against the petitioner and other co-accused

persons is to the effect the they severely assault Rakesh and due

to which he died. It is further submitted that the evidence of

complainant-Deepak has not been recorded before the trial court

till date. It is also submitted that from the material available on

record, the involvement of petitioner in commission of crime is

prima facie proved, therefore, 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

Abhishek Kumar S.No.60

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