Kanhaiya Lal vs State
2021 Latest Caselaw 3279 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1738/2021

Kanhaiya Lal S/o Shri Rameshwar, Aged About 22 Years, Bud, P.s. Gangrar, District Chittorgarh. (Presently Lodged At District Jail Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/02/2021

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. 378/2020 of

Police Station Gangrar, District Chittorgarh for the offences

punishable under Sections 323, 325, 327, 364A, 365, 427, 120B

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 has not been named in the FIR. It is further

submitted that the petitioner is in custody, therefore, he may be

enlarged on bail.

(2 of 2) [CRLMB-1738/2021]

Per contra, learned Public Prosecutor has opposed the bail

application and submitted that the allegation against the petitioner

is to the effect that he along with other co-accused persons

kidnapped the complainant, after receiving the ransom money

from father of the complainant, they released him. It is submitted

that allegation against the petitioner is serious in nature,

therefore, he 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/42-

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