Heera Lal vs State Of Rajasthan
2021 Latest Caselaw 2213 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1144/2021

Heera Lal S/o Padma Ram, Aged About 22 Years, B/c Bhil, R/o Bheelo Ki Dhani, P.s. Chakhu Dist. Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent




For Petitioner(s)          :     Mr. KS Rathore
For Respondent(s)          :     Mr. Mahipal Bishnoi, PP



            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. 73/2020 of Police

Station Chakhu, District Jodhpur for the offences punishable under

Sections 147, 148, 149, 341, 323, 332, 353, 342, 365, 336, 307

IPC and 3 PDPP Act. 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 also

submitted that as a matter of fact, some matrimonial dispute was

going on between the petitioner and his wife and pursuant to that,

his in-laws filed a complaint at Police Station Chakhu and when

police reached to his house for investigation along with his in-

laws, some altercation took place between them and, in that

altercation, when police tried to intervene, they received injuries.

It is also submitted that the accused persons namely Shivlal,

Megharam and Krishna have already been enlarged on bail,

therefore, the petitioner is also entitled to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail

application and submitted that allegation against the petitioner is

to the effect that he inflicted injuries by sword on the police

personnel Bhanwarlal and others and those injuries are found to

be grievous in nature.

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/62-

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