Rajendra Thapan vs State Of Rajasthan
2021 Latest Caselaw 2204 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 13328/2020

Rajendra Thapan S/o Hanumanram, Aged About 55 Years, R/o Rawla Mandi, Tehsil Rawla, District Sri Ganganagar. (At Present Lodged In High Security Jail Ajmer).

----Petitioner Versus The State Of Rajasthan through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Mahipal Bishnoi, 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.194/2011 of

Police Station Rawala, District Sri Ganganagar for the offences

punishable under Sections 307, 325 and 34 IPC and Section 3/25

of Arms Act. He has preferred this second bail application under

Section 439 Cr.P.C.

It is noticed that the first bail application of the petitioner

was dismissed as not pressed by this Court on 03.06.2020 while

granting liberty to him to file fresh bail application before the trial

court after recording of the statements of injured complainant,

however, the same have not been recorded till date.

(2 of 2) [CRLMB-13328/2020]

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 second bail application preferred by the

petitioner under Section 439 Cr.P.C. is rejected. However, it is

expected that the trial court shall frame charges against the

petitioner at the earliest and thereafter record evidence of the

injured complainant.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.26

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