Aarif Hussain @ Goliya vs State Of Rajasthan
2021 Latest Caselaw 4949 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1677/2021

Aarif Hussain @ Goliya S/o Mohammad Hussain, Aged About 22 Years, R/o Vijaysingh Pathik Nagar, P.S. Sawina, District Udaipur. (Presently Lodged At District Jail, Udaipur).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Mukesh Trivedi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/02/2021

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.403/2020 of

Police Station Sukher, District Udaipur for the offences punishable

under Sections 307, 341, 323, 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 as per

the injury report, none of the injuries on the body of the injured

persons, including the complainant, is dangerous to life. It is also

submitted that the injured persons, in their statements, have not

named the petitioner and have levelled omnibus allegations.

Learned Public Prosecutor has opposed the bail application

and argued that injured - Dinesh has specifically stated that it is

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the petitioner who inflicted injuries by knife on the vital part of his

body.

Having regard to the totality of the facts and circumstances

of the case, looking to the nature of accusation and gravity of the

offence and after perusing the case diary, 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.22

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