Pinkesh @ Pinkiya vs State
2021 Latest Caselaw 1060 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8483/2020

Pinkesh @ Pinkiya S/o Shri Gurdiya, Aged About 35 Years, By Caste Kanjar, R/o Bhandawari Thana, Begu, District Chittorgarh (Raj.). (Petitioner Is Lodged In District Jail Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Kishan Lal Bansal For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/01/2021

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. 133/2016 of

Police Station Parsoli, District Chittorgarh for the offences

punishable under Sections 458, 395 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 recovery of the stolen articles shown by the police is doubtful.

It is further submitted that the petitioner is in judicial custody

since 2016 whereas, the trial against him is not likely to be

concluded very soon, therefore, he is entitled to be enlarged on

bail.

(2 of 2) [CRLMB-8483/2020]

Per contra, learned Public Prosecutor has opposed the bail

application and submitted that during the course of test

identification parade and in the statements, the complainant and

his wife had identified the petitioner. It is also submitted that the

trial against the petitioner is going on with good pace and till date,

twenty three prosecution witnesses have been examined before

the trial court.

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/27-

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