Tabiyat @ Tabbi S/O Isahq vs State Of Rajasthan
2021 Latest Caselaw 3134 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               10977/2021

Tabiyat @ Tabbi S/o Isahq, R/o Vill. Jarla Ps Gopalgarh Dist.
Bharatpur (Presently Confined At Central Jail Bharatpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Kapil Gupta present in the Court For Complainant(s) : Mr. Harendra Singh through VC For State : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

26/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.05/2021 was registered at Police Station Gopalgarh,

District Bharatpur for offence under Sections 143, 302 & 201 I.P.C.

3. It is contended by counsel for the petitioner that petitioner is

a young boy. Charge-sheet has been filed. The chain is not

connected so as to hold the petitioner guilty. It is also contended

that the deceased fell from the truck and was crushed by bare

wheels.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that petitioner

was last seen with the deceased. The defence set up by the

petitioner is not plausible. The deceased was khalasi and the

(2 of 2) [CRLMB-10977/2021]

petitioner was the driver of the container. Petitioner ran away after

the incident and was arrested after twenty days of the incident.

There are witnesses who have last seen the deceased in company

of the petitioner and also stated that petitioner was threatening

the deceased.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the bail application.

7. This bail application is, accordingly dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /79

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