Heera Lal vs State Of Rajasthan
2021 Latest Caselaw 904 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 7296/2020

Suresh S/o Lalu, Aged About 42 Years, R/o Raipura, Tehsil Gangadtalai, Police Station Sallopat, District Banswara.

----Petitioner Versus State, Through Pp

----Respondent CONNECTED WITH

S.B. Criminal Miscellaneous Bail Application No. 7980/2020

Heera Lal S/o Sh. Gamna, Aged About 40 Years, R/o Borkunda, Tehsil Gangadtalai, P.s. Sallopat, Dist. Banswara.

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mridul Jain For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/01/2021

Heard learned counsel for the parties.

Learned counsel for the petitioners has submitted

that the petitioners have falsely been implicated in this

case. It is argued that in the FIR, the only allegation

levelled against the petitioners is to the effect that they

inflicted injuries on the body of injured - Basu by stones,

(2 of 2)

however, as per the injury report, no such injury is there.

It is, thus, prayed that the petitioners are entitled to get

the benefit of anticipatory bail.

Per contra, learned Public Prosecutor has opposed

the bail applications and submitted that the injured -

Basu, in his statements, has levelled specific allegation

that petitioners - Suresh and Heera Lal have also

assaulted him and in such circumstances, they are not

entitled to get the benefit of anticipatory bail.

Having heard learned counsel for the parties and

after going through the charge-sheet filed against co-

accused Laxman wherein, injured - Basu, in his police

statements has levelled allegation of assault against the

petitioners, I am not inclined to grant them benefit of anticipatory bail.

Hence, these anticipatory bail applications under

Section 438 Cr.P.C. are dismissed.

(VIJAY BISHNOI),J

ms rathore

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