Banwari Lal vs State Of Rajasthan
2021 Latest Caselaw 2514 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13656/2020

Banwari Lal S/o Shri Mani Ram Nayak, Aged About 25 Years, Resident Of 3 H.H. Tehsil and District Sri Ganganagar.

                                                                    ----Petitioner
                                     Versus
State Of Rajasthan
                                                                  ----Respondent


For Petitioner(s)          :     Mr. K.V. Vyas
For Respondent(s)          :     Mr. Mahipal Bishnoi, P.P.
For Complainant(s)         :     Mr. B.S. Sandhu

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/01/2021

Heard the learned counsel for the parties and perused the

material available on record.

The petitioner has been arrested in FIR No.49/2018 of Police

Station Chunawad, District Sri Ganganagar for the offence

punishable under Section 302/34 IPC. He has preferred this

second 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 the petitioner is in custody since long, therefore,

he is entitled to be enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the bail application, however,

submitted that the charge against the petitioner of committing

murder of son of the complainant and as per the material available

(2 of 2) [CRLMB-13656/2020]

on record, it is clear that the petitioner actively participated in

commission of crime.

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 criminal misc. second bail application

preferred by the petitioner under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.10

Powered by TCPDF (www.tcpdf.org)