Banwari Lal vs State Of Rajasthan
2021 Latest Caselaw 2198 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1117/2021

Banwari Lal S/o Shri Mohan Lal, Aged About 39 Years, By Caste Bawri, R/o Saghar, Tehsil Suratgarh, District Sriganganagar, Rajasthan.

(At Present Lodged At District Jail Sriganganagar).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Suryadeep Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

27/01/2021

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.204/2018 of

Police Station Suratgarh Sadar, District Sri Ganganagar for the

offences punishable under Sections 302 and 450 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 further

submitted that there is contradiction in the police statements and

the court statements of the so called eye witness PW-1 Om

Prakash. It is also submitted that in view of the above, the

petitioner is entitled to be enlarged on bail.

(2 of 2) [CRLMB-1117/2021]

Learned Public Prosecutor has opposed the bail application

and submitted that in the FIR, police statement and the court

statement, the complainant named the petitioner as assailant. It is

further submitted that the postmortem report also corroborates

the allegation levelled by the complainant, therefore, the

petitioner 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

Abhishek Kumar S.No.44

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