Vishnu Vishnoi vs State
2021 Latest Caselaw 1279 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9555/2020

Vishnu Vishnoi S/o Shri Sangram, Aged About 29 Years, Surtanagar, Khudala, P.s. Jhanwar, District Jodhpur. (At Present Lodged In Central Jail Jodhpur).

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

                                                                  ----Respondent




For Petitioner(s)          :     Mr D.L.Rawla
For Respondent(s)          :     Mr A.R.Choudhary



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

18/01/2021

Learned counsel for the petitioner has submitted that

as per the prosecution story, the allegation against the petitioner

is to the effect that he had tried to fire gunshot in the office of the

complainant with intention to kill him, however, the same was

misfired.

Learned counsel for the petitioner has further

submitted that after rejection of earlier bail application of the

petitioner, statements of the complainant and other witnesses

have been recorded before the trial court. It is submitted that the

complainant in his statement has specifically stated that he did

not see the petitioner while trying to fire gunshot in his office with

intention to kill him. It is further submitted that another important

witness viz. Om Prakash has not supported the prosecution story.

It is further submitted that brother of the complainant has not

(2 of 2) [CRLMB-9555/2020]

levelled any allegation against the petitioner. Learned counsel for

the petitioner has, therefore, prayed that in view of the above

facts and circumstances of the case, petitioner may be enlarged

on bail.

Per contra, learned Public Prosecutor has vehemently

opposed the bail application and submitted that the petitioner was

a member of interstate gang, which indulged in extorting money

from affluent persons by threatening them and in that process,

the petitioner under the instructions of his masters had entered

into the office of the complainant and tried to fire gunshot with

intention to kill the complainant as he had refused to give the

extortion. It is further submitted that the petitioner being a

member of interstate gang, which is indulged in extorting money,

is not entitled to be enlarged on bail.

Having heard learned counsel for the parties and

having perused the material available on record, 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.

Hence, this third bail application of the petitioner is

rejected.

(VIJAY BISHNOI),J

masif/-PS

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