Anil Kumar vs State Of Rajasthan
2021 Latest Caselaw 5163 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Third Bail Application No. 7786/2020

Anil Kumar S/o Sohan Lal, Aged About 24 Years, By Caste Harijan, R/o Khimel, Police Station Rani, District Pali. (Petitioner At Present Lodged In Sub Jail Bali).

                                                                       ----Petitioner
                                      Versus
The State Of Rajasthan
                                                                     ----Respondent


For Petitioner(s)           :     Mr. Kunal Kalla
For Respondent(s)           :     Mr. A.R. Choudhary, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

23/02/2021

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.104/2018 of

Police Station Falna, District Pali for the offences punishable under

Sections 148, 459, 324, 325 and 307/149 IPC. He has preferred

this third bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of inflicting grievous and

dangerous to life injuries is absolutely false. It is argued that the

petitioner has falsely been implicated in this case, therefore, he is

entitled to be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application and submitted that injured - Ratan Lal (PW-3), who

(2 of 2) [CRLMB-7786/2020]

received grievous and dangerous to life injuries, in his court

statement has specifically levelled allegation of inflicting grievous

and dangerous to life injuries on his head by the petitioner from a

sharp edged weapon. It is submitted that during the course of

investigation, the sharp edged weapon was recovered at the

instance of the petitioner, 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, this third bail application preferred by the

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

(VIJAY BISHNOI),J

Abhishek Kumar S.No.6

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